Wednesday, February 02, 2005

Customary International Law and Judge Green's Guantanamo Opinion

Scott Sullivan at the Transatlantic Assembly has picked up an interesting point on Judge Green’s Guantanamo opinion. He notes that Judge’s Green opinion states that it is “unnecessary” to look to the detainees’ customary international law claims as they were found to have Fifth Amendment and the Geneva Convention claims. Sullivan argues that this is unsatisfying and concludes “This seems to be the prototypical circumstance where CIL was envisioned to "fill the crack" of the treaty-based legal scheme.”