Weekend Roundup: August 31-September 6, 2013
Syria dominated (and continues to dominate) the headlines this week, and we featured many takes on the developing situation through our Syria Insta-Symposium.
From our regular contributors, Julian pondered whether President Obama would reveal the international law justification on his position regarding intervention in Syria and Kevin questioned US Secretary of State John Kerry’s classification of Syria as the United States’ “Munich Moment.”
Peter and Deborah both discussed US domestic/constitutional implications at length. Peter called President Obama’s decision to consult Congress on military intervention a “watershed moment” and wondered if his lawyers were consulted in this apparent about-face move, while Deborah classified it as a wise decision by Obama. They both offered commentary on the text of the Senate draft AUMF (Peter here, and Deborah here) and Deborah also pointed to a discussion she took part in among scholars on the Huffington Post. Julian also weighed in on the AUMF, concluding that the UN Charter does not matter to the US Senate’s deliberations on authorizing force in Syria and Ken discussed the role of the Security Council in light of his recent ASIL Insight and posting at Lawfare.
From our guest contributors, Jennifer Trahan started off the symposium by taking on contentious subject matter in a post discussing the legality of a strike by the United States. John Quigley weighed in with his thoughts on intervention while Andre Nollkaemper sketched out the two paths States might choose to take for intervening: either acting inside or outside of international law. Marty Lederman weighed in with a two-part posting, the first talking about the intersection of the UN Charter and the US Constitution, and the second addressing the role of the UN Charter in the US Congressional debate. The former theme of Marty’s two posts was also featured in Charlie Kels‘ contribution discussing the intersection of the two legal regimes. Stephanie Carvin urged readers to bring practical judgment back in rather than solely relying on legal solutions, while Sondre Torp Helmersen crafted a reply to Stephanie’s post. Krista Nelson offered an analysis on the significance of using chemical weapons in international law.
Otto Spijkers offered a perspective on whether states could stand idly by in the Syria situation by comparing bystander obligations at the international level to Dutch domestic law. Ezequiel Heffes and Brian Frankel talk about the decision-making process in R2P situations, and Mark Kersten wonders whose R2P it is, anyway.
And in non-Syria news this week, Julian pointed out that Japan has threatened to take Korea to the ICJ over victims’ compensation claims in the Second World War, Kevin described why Kenya won’t withdraw from the ICC and Kristen covered Friday’s verdict in the Dutchbat case from the Dutch Supreme Court holding the Netherlands responsible for the deaths of three men at Srebrenica.