'On the Power of International Law'

By Ben Trott

Harper’s blogger and attorney, Scott Horton published a short interview with Notre Dame law professor Mary Ellen O’Connel a couple of days ago. In the interview, she discusses the influence that the ideas of Carl Schmitt (one of the leading legal philosophers of German national socialism) have had upon the Bush administration, as well as the widespread interpretation that 'international law is not really law.' She argues that the misconstruing of the law by the administration's legal advisors had a direct relation to the human rights and other violations which have taken place since 9/11 and that investigation of the crimes committed by the outgoing team should include lawyers.