Analysis and Commentary on International Law
Starvation in Somalia

Justia columnist Joanne Mariner, an attorney and the head of Hunter College’s Human Rights Program, discusses the ongoing humanitarian emergency in Somalia. Mariner explains that with tens of thousands of people having already died of starvation, and half a million children now at risk of dying, the situation is dire and pressing. She sets forth some of the key reasons that aid organizations are finding it difficult to provide assistance in the country—from fighting in the capital; to the aggressive tactics of the militant group that controls much of Somalia, Al Shabaab; to U.S. federal laws that that bar material assistance to that group (which is categorized by the United States as a terrorist group). Mariner details the substance and effect of the U.S. laws at issue, and the conundrum of attempting to get humanitarian aid into an area where it may be siphoned off by armed groups, and where even non-Americans can face U.S. prosecutions under the U.S. “material assistance” law. Finally, Mariner explains a new U.S. interpretation of the law at issue, which may somewhat improve the situation—but she also urges the U.S. to go further, in order to alleviate fears that humanitarian aid will be miscategorized as aid to terrorism.

Sovereign Default: Putting the United States’ Debt-Ceiling Debate in Context Why Self Help Is the Only Option

Justia columnist and U. Washington law professor Anita Ramasastry provides important background on the United States’ debt ceiling debate, explaining exactly why the United States—unlike other countries—has only one option when the risk of sovereign default looms: self help. Ramasastry first considers how other countries typically handle sovereign default or distress, then covers the reasons why the United States’ situation is very different, and concludes by examining why there has been such a great need for Congress and President Obama to reach a resolution of this issue.

All Roads Lead to Accountability

Justia columnist and Cardozo law professor Marci A. Hamilton urges that the Catholic Church urgently needs to take responsibility—and foster an ethic of accountability—regarding clergy child-sex-abuse cases. In describing the path that she argues the Church must take, Hamilton compliments a recent speech by Irish Prime Minister Enda Kenny, and a book by Jason Berry on money and the Church. As she explains, these writings, too, call for responsibility and accountability from the Church, and for the enforcement of civil law by the courts, in clergy child-sex-abuse cases.

Humanitarianism As Terrorism

Justia columnist Joanne Mariner, attorney and director of Hunter College’s Human Rights Program, discusses the situation in Somalia, which is experiencing a famine in the midst of armed conflict—leading refugees to flee the country for Kenya and Ethiopia. The situation, as Mariner explains, has created a humanitarian emergency and has led to a horrifyingly high death rate of both refugees and those still in Somalia. Though the Somali regime’s ban on foreign aid has been lifted, Mariner explains that extremely broad U.S. restrictions on “material support to terrorist organizations” have made innocent humanitarian groups wary of providing aid in areas controlled by Al Shabaab, the Al Qaeda-affiliated Islamist group that controls most of Somalia’s territory. Mariner calls for expedited licenses ASAP, so that humanitarian groups can operate free of fear, and calls for legal reform for the future.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at both Osgoode Hall... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He... more

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is the Dwight D. Opperman Professor, Director, Center for Labor and Employment... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School... more

Marci A. Hamilton
Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Government at Cornell University. He was Counsel of Record in... more

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more