I had planned to lurk on the sidelines until the discussion of Ben's fascinating book moved to the "need" for a new interrogation statute -- I, for one, am more than happy to have "interrogation laws that operate only at the highest altitude (nothing cruel or inhumane, nothing that causes severe pain or suffering) but never come down to earth,"...
Thanks to Chris and his colleagues at OJ for giving me an opportunity to participate in this important discussion. Today we're focused on broad premises underlying the book, and in particular the utility of using the concept of war in connection with counterterrorism policy. Peggy's most recent post critiques the Bush Administration's emphasis on the war model, concluding that "the framing of...
Peter makes two points, one with which I largely agree, the other with which I disagree. Agreement first: I have no doubt that the structures we create to fight terrorism have to be reconcilable not only with the American constitutional tradition but with international law as well. While I am skeptical that a meeting of the minds between American and European...
I will join the chorus of praise for this terrific book. But I want to add briefly to Peter’s critique of Ben’s premise that the current threat from transnational terrorism has us in a “long war,” by looking at what this means for broader foreign policy – one that encompasses, but it is not driven by, domestic legal policy. The book correctly,...
This is a great book and there's a lot to chew on here. By way of taking up Ben's opening volley, I have two general thoughts: 1) things may need some fixing, but not necessarily at the foundational level framed in the book, and 2) to the extent things do need fixing, international law has to be in the picture. The first point...
Let me start by thanking Chris for hosting this discussion, of which I'm delighted to be a part, and by thanking as well all of those who are participating. It really is a wonderful group, and I'm excited about the coming exchange. I wrote Law and the Long War out of a sense of frustration with the debate that has developed over...
We are pleased to host this week a discussion of Benjamin Wittes’ book Law and the Long War. Ben's book is a comprehensive analysis of how September 11th did--and did not--change National Security Law, the disparate group of legal mechanisms related to counter-terrorism. It is also about what the role of law in counter-terrorism should be. It is a book that is sure...
Noted with awe how cool David Cameron is: Mr Cameron gave Mr Obama a selection of CDs by the Smiths, Radiohead and Gorillaz. Snarky comments about what music McCain would give a young, hip Liberal leader from the UK welcome....
Ordinarily I do not blog on articles or discussions that seem to me entirely muddle-headed; life is too short. However. (Admittedly irritating digression: Life is particularly too short here at the Hoover Institution, Stanford, where I am spending a few weeks finishing a book manuscript on US-UN relations in the next administration, whosever it happens to be. The weather in Palo...
Just in case there is some blogger fairness doctrine I don't know about, I should mention that Obama seems to generally favor the ICC -- though he obviously has reservations about U.S. membership. Here is his clearest statement, made last October: Now that it is operational, we are learning more and more about how the ICC functions. The Court has pursued...
No, that's not a snarky question. He has consistently made comments that seem to indicate far more openness to the Court than the typical Republican. In 2002, he voted against the appalling American Service-Members Protection Act (aka "The Hague Invasion Act"). In 2005, he said “I want us in the ICC, but I’m not satisfied that there are enough safeguards.”...
As I write, I am sitting on the balcony of the Castle in Karem Maharal, a few miles north of Caesarea and a few miles south of Haifa. I look out over my balcony at the vineyards drinking Tishbi wine, which has been grown here in Zichron Yaakov for decades. To my left the sun is setting over...
