- Professor David Moore, Brigham Young Law
Ever since the Founding, the power of the United States to enter into treaties has been viewed as central to the then-newly-created nation's ability to exercise sovereign power. But treaties confer both mutual rights and mutual obligations on their signatories. Therefore when nations, including the United States, enter into treaties, they arguably both advance and limit their ability to pursue their own objectives. This conference will address important questions regarding treaties and national sovereignty. Register now!
Miriam Ibrahim is a Sudanese woman who was arrested in Sudan and charged with adultery in August 2013 on the grounds that her marriage to a Christian man from South Sudan was void under Sudan's version of Islamic law, which says Muslim women cannot marry non-Muslims. The court added the charge of apostasy in February 2014, and she was sentenced to hang after refusing to renounce Christianity. Though her father was Muslim, he left her Ethiopian Orthodox mother to raise her from early childhood, and she was raised a Christian. Though she eventually was released in July 2014 and is now living in the United States, her arrest raises the question of whether and how the United States should respond to instances of the denial of religious freedom in other countries.
Lars Hedegaard was prosecuted under the European “incitement to hate” law all the way up to the Danish Supreme Court. Upon a full court re-hearing he was unanimously acquitted of intending his comments for public dissemination. He then survived a terrorist assassination attempt. Mr. Hedegaard will discuss why he has devoted so much to the cause of free speech and his deep belief that robust speech is vital to the survival of Western civilization. He assessed the long-term prospects for reform of speech laws in Europe, post Charlie Hebdo, and commented on what the United States might learn from developments in Europe.
This panel will consider the process for determining the content of international law, including the Law of Armed Conflict and International Humanitarian Law. The International Committee of the Red Cross and other committees established by multilateral human rights conventions are often thought to enjoy a special competence in this process. Should they? The panel will discuss these questions, including the debate between the ICRC and the U.S. on counterterrorism measures and the legality of bulk surveillance for national security purposes.
The Federalist Society's International & National Security Law Practice Group presented this panel on "Who Defines International Law?" on Friday, November 14, during the 2014 National Lawyers Convention.