This article attempts to explore the origin and evolution of the concept of persecution as a crime against humanity in international law. In particular, I will focus on the latest jurisprudence on this matter and will try to highlight the major challenges ahead for tribunals – both domestic and international – when faced with charges of this kind.
Reviewing The Powers of War and Peace: The Constitution and Foreign Affairs After 9/11, by John Yoo
John Yoo is nothing if not controversial. During his tenure at the Department of Justice’s Office of Legal Counsel (OLC), he became widely known for, among other things, drafting the Administration’s legal justification for the use of aggressive interrogation techniques.1 His prior academic writing also frequently staked out bold positions supporting expansive interpretations of executive power in the realm of foreign affairs. Yoo’s recent book, The Powers of War and Peace: The Constitution and Foreign Affairs After 9/11, amplifies many of the themes of his earlier work in academia. In it, he addresses two fundamental aspects of foreign policy making, the war power and the treaty power, each of which he analyzes from a decidedly revisionist perspective.