International Law Blog Postings

Nominations are being accepted for a 2008 Human Rights Defenders award with a deadline of August 31, 2008. Nominees must be individuals, not organizations, who promote and protect human rights and who have faced, are currently facing, or are at risk of facing negative consequences as a result of their work. Award recipients will receive cash awards and the opportunity to establish contacts with several relevant stakeholders in Europe. Continue Reading   Comments are temporarily disabled.

According to Texas authorities, Mexican national José Ernesto Medellín Rojas has exhausted all available legal remedies and will be executed by lethal injection after 6 p.m. on Tuesday, August 5, 2008 for his role in two murders fifteen years ago. His planned execution brazenly defies the July 16, 2008 order by the International Court of Justice requiring that the United States "shall take all measures necessary" to prevent the execution of Mr. Medellín and four other Mexican nationals on death row pending Mexico's request for interpretation of the Avena Judgment. In Avena, the ICJ concluded that the United States violated its international legal obligations under the Vienna Convention on Consular Relations by failing to inform 51 Mexican nationals, including Mr. Medellín, of their right to consular notification. Texas officials maintain that Mr. Medellín's due process rights were not prejudiced by the failure to adhere to the Vienna Convention, that he failed to raise the claim in a timely manner, and that Texas legal and political actors are not bound by the decisions of the International Court of Justice. Subsequently, the U.S. Supreme Court ruled that Texas state courts are not bound by the ICJ judgment because the right to consular notification was not directly enforceable as domestic law and thus requires Congressional legislation for effectuation. Given that his appeal to the Inter-American Commission on Human Rights has proven to be politically ineffective, his remaining hope is for the U.S. Supreme Court to order a stay of execution to allow time for Congress to adopt a law conferring a justiciable right by individuals to a remedy for the harm done by the treaty violation. His latest petition to the Supreme Court, filed on July 31, 2008, likely will be unsuccessful given the Court's earlier holding and the speculative nature of future Congressional action. This latest confrontation of international and domestic frameworks promises to yield legal and political repercussions for the fair treatment of foreign nationals domestically and U.S. nationals abroad. Continue Reading   Comments are temporarily disabled.

Today, International Criminal Court Prosecutor Luis Moreno-Ocampo provided evidence to establish "reasonable grounds" for the issuance of an arrest warrant for current Sudanese President al-Bashir based on violations of international law. Specifically, the ICC Prosecutor detailed 10 counts of genocide, crimes against humanity, and war crimes in Darfur since March 2003. The allegations of genocidal attacks and acts focus solely on the Fur, Masalit and Zaghawa ethnic groups because there is "insufficient evidence at this time to substantiate a charge of genocide" with respect to other ethnic groups in Darfur. The Pre-Trial Chamber now reviews the request from the Office of the Prosecutor and, upon a finding of sufficient evidence, likely will honor the request for the arrest warrant. Continue Reading   Comments are temporarily disabled.

On Monday, International Criminal Court Prosecutor Luis Moreno-Ocampo will seek the arrest of Sudan President Omar al-Bashir for crimes committed in Darfur over the past five years. The indictment will be publicly available on the ICC website and will outline the exact crimes charged under the Rome Statute. If charged with the crime of genocide, President al-Bashir will become the first sitting head of state to be charged as such. The indictment comes on the 13th anniversary of the Srebrenica Genocide in the former Yugoslavia and more than three years after the referral of the case to the ICC by U.N. Security Council Resolution 1593. Continue Reading   Comments are temporarily disabled.

Upcoming submission deadlines in July 2008 for journals, conferences, symposiums, and student writing competitions. Continue Reading   Comments are temporarily disabled.

The International Max Planck Research School for Maritime Affairs at the University of Hamburg will be awarding six Ph.D. scholarships for a two-year period beginning October 2008. Funded scholars will write a dissertation in German or English on the legal implications of climatic changes in the Arctic. Applicants must have a law degree or other advanced graduate degree and must be willing to engage in interdisciplinary work. German and foreign applicants may apply. German and foreign applicants may apply. Deadline to apply is 31 July 2008. Continue Reading   Comments are temporarily disabled.

Today, July 4th, is one of the rare days that I am allowed to fly the flag. Last month, ironically two days before national Flag Day in the United States, I received a notice from my condominium homeowners association prohibiting residents from displaying the U.S. flag from the exterior of our homes except on a few specific days of the year. Prior to receiving this memo, I, along with a handful of other residents, regularly displayed small flags from our balconies. Flying the flag where we live seems fitting and proper because, from our balconies, we can see the Lincoln Memorial, the Washington Monument, and the U.S Capitol building. My U.S. flag is 2-feet by 3-feet and flies from a 4-foot pole, which I remove at sunset in accordance with the U.S. Flag Code. What follows is my exploration of the enumerated powers of Congress to enact legislation empowering homeowners associations to restrict flag displays, the limitations of individual rights under the First Amendment, the freedom of individuals to enter into private contracts that may restrict their free speech, and what constitutes a legal government holiday. Continue Reading   Comments are temporarily disabled.