Law of war is a moveable feast
Monday, September 13, 2010
Justinian in Law of war, Roger Fitch Esq
State Department reports to UN on human rights in the USA ... Surprisingly few US civilians killed overseas by terrorists last year ... Of all the defendants before Military Commissions, only one has been charged with an actual war crime
In January, an appellate panel of the DC Circuit ruled 2-1 (in the Guantánamo habeascase of Al Bihani) that the president is not constrained by the international law of war, a Bush claim that Obama disowned.
The majority judges in that panel were Janice Rogers Brown and Brett Kavanaugh, perhaps the most extreme of George Bush's dismal appellate appointees.
A full bench of the circuit has now denied a rehearing to Al Bihani. While the decision was unanimous, seven of nine judges disclaimed the lower court's dicta on international law.
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