International Law Archive

A delegation from the International Atomic Energy Agency (IAEA) will visit Syria next week to assess recent American claims that the installation attacked by Israeli warplanes last year was indeed a nuclear reactor in the final stages of construction. Two months ago, Michael Hayden, the director of the U.S. Central Intelligence Agency, and other senior American intelligence analysts broke months of official silence about the September 2007 Israeli air strikes against a target located near the Syrian town of Al Kibar. Their intensive briefings for members of Congress, congressional staff, and, on background, the media, confirmed earlier suspicions that the […]

Last week, the Supreme Court once again waded into the murky legal waters of the War on Terror. In Boumediene v. Bush, a deeply divided court struck down a provision of the Detainee Treatment Act that limited the access to judicial review by detainees in Guantanamo seeking to challenge their classification as “enemy combatants.” The legal rationale for this decision, although controversial, was not complicated: aliens held by the United States in areas where the U.S. exercises sovereignty are protected by the Constitution; Guantanamo is within the de facto sovereignty of the United States; the Congress had not suspended the […]

Today (June 15) the government of Kosovo will enforce the territory’s constitution, which aims to pass authority over the territory from the U.N. to the EU. The U.N. secretary general’s attempt last week to square this move with international law creates the potential for institutional conflict, de facto partition and prolonged insecurity over Kosovo’s status. The U.N. has administered the territory under resolution 1244 since 1999, when a NATO bombardment drove out Serbian forces brutalizing Kosovo’s ethnic Albanian majority. Serbia, with the backing of Russia, a U.N. Security Council member, have since resisted any move towards independence, with most Serbs […]

On June 12, Irish voters will go to the polls to say “yea” or “nay” to the proposed Lisbon Treaty to reform the workings of the European Union. To say that the Irish electorate has been unenthusiastic about the debate on this treaty would be an understatement. For one thing, a huge majority have not read this treaty. This is hardy surprising: A troupe of constitutional lawyers would be required to make sense of this dense, jargon-laden document, which cannot be read at all without reference to earlier, equally complex, European treaties. Ireland’s taoiseach, or prime minister, Brian Cowen, has […]

FORMER CONGO OFFICIAL ARRESTED ON ICC WARRANT — Belgian authorities arrested former Democratic Republic of the Congo Vice President Jean-Pierre Bemba May 24 on an International Criminal Court warrant. Bemba is charged with war crimes and crimes against humanity for the actions of troops under his command in the neighboring Central African Republic in 2002-2003. Bemba’s subordinates were responsible for mass rape and torture, according to human rights groups. The 45-year-old has conceded the events took place but argues he is not responsible because he did not specifically order his troops to commit the abuses. Human rights advocates have called […]

On May 30, more than 100 countries meeting in Dublin agreed to the text of the Convention on Cluster Munitions, which promises to vastly limit the use of weapons that have led to humanitarian suffering for decades. Spurred on by a February 2007 meeting hosted by Norway, the “Oslo” process has moved remarkably quickly to reach a consensus on dealing with bombs, rockets and artillery shells that disperse submunitions over large areas. These “bomblets” often fail to explode at first and later injure noncombatants, including children attracted to what look like golf balls or ribboned cans. Despite the agreement, short-term […]