[Mary Ellen O’Connell is the Robert and Marion Short Chair in Law and Research Professor of International Dispute Resolution—Kroc Institute. She is a Vice President at the American Society of International Law and the author of author of The Choice of Law Against Terrorism, 4 J. NAT. SEC. L. & POL’Y 2010] In his speech announcing the death of Osama...
Parag Khanna of the New America Foundation has an essay at CNN.com which gave me cognitive whiplash. He tries to set out an argument that the killing of Bin Laden signifies an important evolution in the rule of law. Khanna, however, seems to like the idea of the rule of law without actually wanting to deal with the details of...
Often used to model legislative politics, positive political theory (PPT) has core insights that can be applied to the journal submissions process as well. There are important differences between the legislative and editorial processes. Like legislative action, however, editors' deliberations and voting on submissions are a process of aggregating preferences within the constraints of voting rules and other institutional features....
And if that's not bad enough, one of Fox's DC anchors announced that "President Obama is, in fact, dead."...
John Bellinger, former State Department Legal Adviser has posted a very short piece entitled Bin Laden Killing: The Legal Basis. Here is an excerpt: The U.S. killing of Osama bin Laden in Pakistan was lawful under both U.S. domestic law and international law...
Cross-posted at Balkinization For all the interesting things that might be said about the still-emerging circumstances of bin Laden’s death, it’s disheartening to see conversation already turning to old, old debates about interrogation. Peter King (R-N.Y.) was naturally quick to suggest that reports that information leading to bin Laden’s capture came from detainees held at Guantanamo Bay should lead Obama...
The killing of Osama Bin Laden is no doubt a significant victory in the conflict with al Qaeda (see Michael Lewis' post here). However, contrary to Peter Bergen's assertion that "Killing bin Laden is the end of the war on terror. There is no one to replace him in Al Qaeda. Bin Laden was the guy who fought against...
The best lines in President Obama’s speech last night were at the beginning: It was nearly 10 years ago that a bright September day was darkened by the worst attack on the American people in our history. The images of 9/11 are seared into our national memory -- hijacked planes cutting through a cloudless September sky; the Twin Towers collapsing to...
Over at Lawfare Ben Wittes aks Will Bin Laden's Death Reignite the Interrogation Debate? I think there is little doubt that it will. Consider this recent post by Marc Thiessen over at The American Enterprise blog. Thiessen writes: "So Guantanamo detainees provided the key intelligence that allowed the CIA to track down bin Laden. But not just any Guantanamo detainees. It turns...
It is interesting comparing this mornings posts. Ken's sober, philosophical reflection on all that has gone on since 9/11, Kevin's reflexive response to view events through a political lens, and Greg's operationally-minded quest for figuring out "who's next, and when will we get him?" My reaction contained elements of all three. Having friends that died in Afghanistan trying to...
The media is reporting that the Obama administration is handling Usama bin Laden's remains in accordance with Islamic principles. That decision is a stark reminder of why we are so fortunate that a Republican is no longer President. When the Bush administration killed Uday and Qusay Hussein, recall, it infuriated Muslims and at least arguably violated the First Additional Protocol...
