The NYT reports on an interesting strategy by an Italian village to avoid political oblivion. Statehood and independence! The mayor of Filettino has loftier aspirations: he wants his town in the hills east of Rome — population 598 — to become an independentstate under a monarch. “If that’s what it takes to keep the town autonomous and protect its natural resources,” said the...
Not shocking, really. Aug 29, 2011 (Voice of America News/ContentWorks via COMTEX) -- Libya's rebel government said Sunday it will not extradite the Libyan man convicted in the 1988 bombing of a U.S.-bound jetliner which killed 270 people when it exploded over Lockerbie, Scotland. Mohammed al-Alagi, the Transitional National Council's justice minister, told reporters in Tripoli that Abdel Baset al-Megrahi already has been...
Adam Entous and Siobhan Gorman of the Wall Street Journal's national security reporting team have a good discussion of the targeted killing-drone strike on August 22, 2011 that killed Attiyah Abd al-Rahman, Al-Qaeda's second in command. A considerable part of the Pakistani government's irritation with the conduct of drone strikes is that the US not only does not seek permission -...
As some readers may know, I spent four years writing television in Los Angeles -- law, cop, and terrorism shows -- before becoming an academic. When I wrote scripts, I prided myself on accuracy: although I occasionally took artistic license, I always tried to get the law and facts right as best I could. So it bothers me to no...
It's not every day that a state enacts a law that blatantly authorizes crimes against humanity, so I feel obligated to give a special shout-out to China, who intend to make the crime against humanity of enforced disappearance official government policy: Chinese police will gain new legal powers to detain suspects for up to six months without telling their families...
This legal opinion by Oxford prof Guy Goodwin-Gill has been drawing some attention in recent days. It argues that the planned campaign to establish a Palestinian state this fall at the United Nations has a number of policy and legal pitfalls that could work against the interests of most Palestinians. Here is an excerpt from an interview with Al-Jazeera: You tackle three...
The Wall Street Journal's Siobhan Gorman has an interesting profile today of Michael Morell, a veteran CIA insider (31 years in) who is tapped to help guide the new director, David Petraeus, as he steps out of the uniform and into the suit, through the maze of internal CIA culture. (It might be behind the subscriber wall.) In a rare interview,...
The legality of NATO's action in Libya seems to me fairly straightforward. I understand that there are some quibbles about whether NATO exceeded its mandate under the UN Security Council Resolutions. But I don't think there is a very strong case, as a question of jus ad bellum. Then again, the hard left (in the form of Dennis Kucinich) and,...
"People of Libya! In response to your own will, fulfilling your most heartfelt wishes, answering your incessant demands for change and regeneration and your longing to strive towards these ends, listening to your incitement to rebel, your armed forces have undertaken the overthrow of the reactionary and corrupt regime, the stench of which has sickened and horrified us all...
Last week I posted about the challenges to and importance of judicial review of war measures against U.S. citizens. This post will use the bin Laden killing to explore the issue in the context of targeting --- hopefully in manner accessible to the average reader. After reviewing issues likely preventing prior judicial adjudication or review of a potentially lethal (“kill...
Expect to hear more of this in the next few days from the anti-Obama progressive left. NATO commanders who authorized the Libya bombing campaign should be “held accountable” to international law and hauled before the world court for civilian deaths, Rep. Dennis Kucinich (D-Ohio) said Tuesday. “NATO’s top commanders may have acted under color of international law, but they are not exempt...
Let's assume that the Libyan rebels do prevail and that they end up capturing Libyan dictator Muammar Gaddafi. Does the new Libyan government have a legal obligation to turn him over to the ICC, even if they seek to try him in Libyan courts? Libya is not a member of the ICC Rome Statute, so its only obligation flows from the...
