I'm the subject of today's installment of the Council on Foreign Relations' otherwise excellent "Interviews" series--an effort to distill the nuances of hot-button legal issues for a more diverse audience. Today's interview tries to provide background on both the issues complicating Snowden's potential extradition and the underlying charges against him (along with the substantive issues at the center of Snowden's disclosures).
Latest in International Transfers/Deportations
A slew of news reports have discussed whether Snowden’s choice of Hong Kong as a haven of sorts was a wise one. These reports tend to note the existence of a U.S.-Hong Kong extradition treaty and to describe the relatively smooth extradition practice that exists between those governments. But the stories tend to overlook the fact that extradition is not the only means by which foreign states (or governments) can transfer people to the United States to stand trial. As the State Department’s Foreign Affairs Manual makes clear
From Harold Koh's speech to the Oxford Union: Congressional transfer restrictions with respect to Guantanamo detainees "must be construed in light of the President’s authority as commander-in chief to regulate the movement of law-of-war detainees, as diplomat-in-chief to arrange diplomatic transfers, and as prosecutor-in-chief to determine who should be prosecuted and where."
In mid-March, I noted a speech by Home Secretary Theresa May, in which she advanced the idea that the UK should consider withdrawing from the European Convention on Human Rights. As I noted then, the European Court on Human Rights had, again, blocked the deportation of Abu Qatada to Jordan. Qatada, who is considered by Britain to be connected to terrorism, was ordered to be allowed to remain in the UK because the Court did not credit Jordanian assurances that his trial would not be tainted by evidence secu
The hits just keep coming today for me -- a flood of useful things to post. This one is about a speech that the UK Home Secretary, Theresa May, gave yesterday in which she proposed that the UK consider withdrawing from the European Convention on Human Rights.
Some of the strictures of the ECHR have been a thorn in the side of Britain (and, I might add, other nations of Europe) in their eff
One of the more interesting structural constitutional questions to emerge from the post-9/11 detention litigation has been the previously under-explored relationship between the Constitution's Suspension and Due Process Clauses--and the extent to which they might do separate work with regard to the scope of judicial review in executive detention cases.
Thus, for example, in Boumediene, Justice Kennedy held that "the privilege of habeas corpus entitles the prisoner to a meaningful opp
Current events in Africa illustrate the unintended and sometimes-self-defeating effects of humanitarian efforts on that continent.
First, France’s military action against Islamist insurgents in Mali raises the question why Islamists are on the rise in Mali and elsewhere in North Africa. There are many causes, but the proximate one is the 2011 NATO invasion of Libya.
Terrorists, Pirates, and Drug Traffickers: Customary International Law and U.S. Criminal Prosecutions
As I discuss in my forthcoming book, International Law in the U.S. Legal System, regardless of whether customary international law has the status of self-executing federal law, it can play an important role in U.S.
The following is a guest post from Chris Jenks. Chris formerly was a Judge Advocate and Chief of the International Law Branch at the U.S. Army’s Office of The Judge Advocate General. Now he is an assistant professor of law and director of the criminal justice clinic at the SMU Dedman School of Law.
Here’s your off-the-cuff read-out of this morning’s hearing before U.S. District Judge John Bates in Al-Maqaleh v. Gates and Hamidullah v. Obama, better known as the “can we get a little GTMO-style habeas review over U.S.