The costs of universal jurisdiction

“International human rights law” — what could sound more cuddly and humanitarian? Who could disapprove of such a thing? That’s one reason it’s so popular at almost every law school nowadays following years of generous support by the Ford Foundation, Soros, and other donors. In practice, as is now clear, it often tends to furnish a set of handy weapons for carrying on “lawfare” — warfare by means of courtroom action against one’s adversaries, particularly in the courts of third countries. (Anne Herzberg, “Lawfare against Israel”, WSJ, Nov. 5). For the closely related issue of laws empowering private attorneys and litigants to pursue foreign entities over alleged terrorist support whether or not such actions advance U.S. diplomatic goals, see Sept. 12, 2007.

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