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South Africa Constitutional Court On Universal Jurisdiction: Validating the Obvious
We’ve blogged earlier about the administrative review case proceeding in South Africa that is addressed to the question of whether the South African Police Service (SAPS) and…
Recap of Recent Posts at Just Security (Oct 25-31)
I. Cybersecurity Kristen Eichensehr, The Private Frontline in Cybersecurity Offense and Defense (Thursday, Oct. 30) II. Surveillance and Privacy (and Media Freedom) David…
Zivotofsky: Questions about Article I and Executive diplomatic speech
[Slightly updated for clarification.] Following up on yesterday’s post, a couple of readers have asked me whether I was endorsing Jack Goldsmith’s argument that Congress…
The Article I argument in Zivotofsky
For over two centuries, federal courts have not had occasion to adjudicate whether and to what extent Congress has the power to regulate or supersede the President’s power…
UN Panel: Blackwater Convictions are the “Exception, not the Rule”
Last week’s Blackwater convictions highlight an urgent need for an international treaty ensuring that private security contractors are held accountable if they commit human rights…
Update: Poland Appeals “Black Site” Rendition Ruling
The Polish government announced its decision to appeal a July ruling by the European Court of Human Rights (ECtHR) (here) which found multiple violations of the rights of two detainees,…
al-Nashiri Limburg interlocutory appeal update
The prosecution has now filed its reply brief in its interlocutory appeal from the order dismissing the MV Limburg-related charges. Attorneys for al-Nashiri have filed a sur-reply…
Recap of Recent Posts at Just Security (Oct 18-24)
I. Ottawa Shootings Kent Roach, Guest Post: The Canadian Terrorist Attacks and Canadian Counter-Terrorism Law (Thursday, Oct. 23) II. Regulation of Use of Force and Combat…
Decision on Secret Evidence by the European Court of Human Rights Worth Noting
Two European Court of Human Rights (ECtHR) cases decided in July 2014 bring some clarity to the utility and compatibility of secret evidence with international human rights standards.…
Join Us Tuesday, October 28th in New York City!
This upcoming Tuesday in New York City, three Just Security editors will be on a panel addressing a vital question for international human rights law. We encourage anyone interested…
Due Process and the Military Commissions
As I noted yesterday, one of the more remarkable moments in the D.C. Circuit oral argument in al Bahlul v. United States–a challenge to the constitutionality of a conspiracy…
Five Quick Reactions to the al Bahlul Oral Argument
Over the course of 71 minutes this morning (41 more than had been allotted), the D.C. Circuit heard oral argument in al Bahlul v. United States, the appeal challenging whether…