Former Legal Adviser Harold Koh and Todd Buchwald (Assistant Legal Adviser for UN Affairs) have an excellent article in the recently published April 2015 issue of the American Journal of International Law about the many uncertainties created by amendments to the Rome Statute of the International Criminal Court relating to the crime of aggression that were adopted at the 2010 Kampala Review Conference and that may enter into force after 1 January 2017.
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A Weak Case For the Unconstitutionality of the Detainee Transfer Restrictions (and a Glance at the Bigger Picture)
I noted earlier this year that the administration might be building a foundation for a constitutional argument to disregard congressional transfer restrictions as a basis for closing GTMO. Last week Harold Koh used the President’s message in connection with his NDAA veto as an occasion to add to that foundation.