Among several fascinating themes in Farer and Kris Boon dialogue has been the detention and trial of accused terrorists. Governments that feel besieged frequently depart from peace-time standards. Their lawyers and diplomats try to justify the departures. And some arguments are better than others. But rarely does the public have the opportunity to weigh in on whether to depart from...
I want to thank Tom for participating in this discussion; I have re-read the book as we have had this discussion, and it has provided great illumination on what the text is about. I have learned a great deal from the discussion and from the book. I apologize for coming late with this entry; it was hard to get to...
In this final substantive post of my Warholian week as guest blogger I offer a necessarily telegraphic summary of my long chapter on the conflict. Being telegraphic it will not even have the virtue of the chapter, i.e. even if it is clearly wrong, it won’t be wrong clearly. For two reasons I devoted an entire chapter to a single neuralgic...
Kristen’s last post concludes by opening the giant can of worms at the heart of international human rights law: “Farer’s analogy [between recent U.S. counterterrorism measures and Latin American practices in the 1980’s] shows weaknesses in the [human rights] compliance system generally…. [B]ecause it remains an issue of domestic competence as to whether human rights are enforced in the face...
Colleagues, The pan of discourse is beginning to sizzle. A delightful sound. So rather than racing on to another main issue I attempt to address in my book, in this post I stop and engage with discussants. Let me start with Ken Anderson in part because his very interesting categorization of ways of thinking about strategy lubricates a segue to Mark...
It's a tiny bit off topic, but it's worth noting that after much bluster about how the ICC was destroying the "peace process" in the Sudan by indicting Bashir, none of the Security Council members put deferring the prosecution under Article 16 of the Rome Statute on the Council's agenda for September. Over at UN Dispatch, our colleague John Boonstra...
Tom Farer's 'Latin Americanization' thesis deserves comment; i.e. that recent anti-terrorism / Guantanamo measures by the Bush administration are comparable to tactics that certain authoritarian Latin American regimes undertook, in that (i) states of emergency were proclaimed in conjunction with incursions on human rights, and that (ii) neither judicial nor congressional oversight effectively limited the executive's power. The analogy between the current US administration's behavior towards terrorism...
Building on Tom Farer’s insights, my friend Chris Borgen asks if “what we have is more like a grid with varying degrees of multilateralism and unilateralism as well as degrees of interventionism and noninterventionism.” Chris’s grid helps to explain intervention, i.e. when and how to intervene. He implies that policy is made to reflect and implement ideas about the relationships...
I want first to qualify my statement in the last post that probably a majority of contemporary scholars and governments still cling to the position that the only legitimate uses of force are defense against armed attack and enforcement action authorized by the Security Council. In fact, particularly among European and American legal scholars and NATO governments there has grown...
This, according to an article in the Guardian, September 3, 2008, from a correspondent in Washington. According to the story: "If there has been a basis upon which you can pursue someone for a criminal violation, they will be pursued," Biden said during a campaign event in Deerfield Beach, Florida, according to ABC. "[N]ot out of vengeance, not out of retribution," he...
There are only two things about the consequences of the use of force that can be predicted with absolute confidence. One is that innocent lives will be destroyed. The other is that when democracies go on a war footing, the normally ample liberties of their residents (particularly resident aliens but also citizens) will shrink. It therefore follows from the description...
In his opening post and in the opening chapter of his book, Tom Farer gives us a tour of the horizon of how international law and self-interest interact in American foreign policy thinking. He paints a picture which focuses on a struggle between two different views of America's role in the world, the Liberal view and the Neocon view. In this...
