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Commentary Threats and counter-threats in violation of international law
Threats and counter-threats in violation of international law
JURIST Commentator - Justia Law School - MV, California
October 20, 2006 08:10:00 am

Ali Khan : "One great accomplishment of the 1945 UN Charter has been its prescription against the threats of use of armed force. Article 2(4) states: "All Members shall refrain in their international relations from the threat or use...

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Commentary Can’t ask, won’t tell
Can’t ask, won’t tell
JURIST Commentator - Justia Law School - MV, California
September 28, 2006 10:16:00 pm

Brian J. Foley : "This week's legislation limiting the rights of 'detainees' to challenge the Executive's exercise (and abuse) of power over them also strips Americans of our ability to oversee the Executive. When it's easy...

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Commentary 9/11 writ large
9/11 writ large
JURIST Commentator - Justia Law School - MV, California
September 11, 2006 11:00:00 am

Ali Khan : "Five years later, the 9/11 tragedy is writ large. Unnecessary deaths litter the day, every day. Gratuitous barbarism shocks the conscience. The rhetoric of destruction intensifies. Individuals and nations committed to violence threaten...

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Commentary CIA detentions could undermine EU candidacies
CIA detentions could undermine EU candidacies
JURIST Commentator - Justia Law School - MV, California
September 8, 2006 10:22:00 am

Michael J. Kelly : "President Bush recently acknowledged the existence of the long-suspected C.I.A. detention facilities that the U.S. has used to interrogate and possibly torture high-value foreign members of al Qaeda captured abroad. This acknowledgement,...

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Commentary GTMO detainee litigation, AUMF and presidential powers
GTMO detainee litigation, AUMF and presidential powers
JURIST Commentator - Justia Law School - MV, California
August 24, 2006 12:46:00 pm

Jordan Paust : "Recent litigation re: GTMO detainees in a Circuit Court has raised the issue whether the 2001 Authorization for Use of Military Force (AUMF) is relevant to requirements of the 1949 Geneva Conventions that...

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Commentary Serb move against Mladic long time coming…
Serb move against Mladic long time coming…
JURIST Commentator - Justia Law School - MV, California
July 17, 2006 04:38:00 pm

Michael J. Kelly : "Serbia has moved against a group of nationalist co-conspirators who have been hiding wanted war criminal Radko Mladic for about a decade. The Serb government, largely unresponsive to repeated requests to turn...

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Commentary Hamas, Hezbollah, and others: a new ‘coalition of the willing’
Hamas, Hezbollah, and others: a new ‘coalition of the willing’
JURIST Commentator - Justia Law School - MV, California
July 14, 2006 07:53:00 am

Ali Khan : "Endangering international peace and security and defying international law, the Middle East is spinning out of control. The recent spiral of violence intensified when Palestinian militants captured an Israeli soldier and converted him into a bargaining...

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Commentary Back to basics with Common Article 3
Back to basics with Common Article 3
JURIST Commentator - Justia Law School - MV, California
July 11, 2006 05:55:00 pm

Geoffrey Corn : "Today it was reported that the Department of Defense has officially acknowledged that Common Article 3 of the four Geneva Conventions applies to the conflict with Al Qaeda. In fact, the Memorandum issued...

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Commentary Post-Hamdan: Congress in the spotlight
Post-Hamdan: Congress in the spotlight
JURIST Commentator - Justia Law School - MV, California
July 4, 2006 11:55:00 pm

Ben Davis : "As the debate intensifies in an election year in Congress over what to do after the Supreme Court decision in the Hamdan case last week, I would ask two things: in drafting...

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Commentary Hamdan and the real beneficiaries of robust procedural and evidentiary rules
Hamdan and the real beneficiaries of robust procedural and evidentiary rules
JURIST Commentator - Justia Law School - MV, California
July 1, 2006 04:00:00 pm

Brian J. Foley : "The Supreme Court has finally spoken on the military commissions, after four-and-one-half years. Now it's time for Congress to step up - as it should have four-and-one-half years ago, when the Administration...

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THIS DAY @ LAW

Maurice Papon convicted of war crimes

On April 2, 1998, Maurice Papon was convicted of war crimes for his role in deporting French Jews to concentration camps during the Nazi occupation of France. Under German occupation, Papon served as the supervisor of the Service for Jewish Questions in Bordeaux from which he collaborated with the Nazi S.S. and oversaw the deportation of 1,560 Jewish men, women, and children to concentration camps.

Read an biography of Maurice Papon from the BBC.

Massachusetts enacted Vietnam antiwar bill

On April 2, 1970, the Governor of Massachusetts signed into law an anti-Vietnam War bill providing that no inhabitant of Massachusetts inducted into or serving in the armed forces "shall be required to serve" abroad in an armed hostility that had not been declared a war by Congress under Article I, Section 8, clause 11 of the United States Constitution.

Supporters of the legislation hoped that the US Supreme Court would seize on the obvious conflict that the bill created between state and federal law and would rule on the constitutionality of the Vietnam War itself, but the Court refused to exercise original jurisdiction, forcing the case into the lower federal courts. See Anthony D'Amato, Massachusetts In The Federal Courts: The Constitutionality Of The Vietnam War [PDF], 4 Journal of Law Reform (1970).

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