In association with the International Commission of Jurists

Recent Posts

25 Sep

The Obama administration recently filed its motion to dismiss the ACLU/CCR lawsuit that seeks to enjoin the government from using lethal force against Anwar al-Aulaqi.  Predictably, the motion relies on a potpourri of reasons why no court should ever review the lawfulness of Obama's determination that an American citizen abroad should be summarily executed, including everyone's favorite "state secrets" privilege. ...

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25 Sep

Bobby Chesney has graciously responded at Lawfare to my post about detention in non-international armed confilct (NIAC). Unfortunately, I think Chesney's response not only misconstrues what Steve Vladeck and I have been arguing, but also demonstrates some important misconceptions about IHL. To begin with, we need to understand exactly what we are arguing about. As Steve pointed out in one of...

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25 Sep

In the last couple of days I explained why I argue that State failure is a problematic phenomenon of contemporary international society which could endanger domestic population and the international community. State failure is the prolonged implosion of governmental structures and the ensuing incapacity of the government to provide political goods to both internal and external actors. At the same time,...

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25 Sep

One way to build political coalitions for greater use of international law in the U.S. would be to use international law to advance political goals of folks who would otherwise be suspicious of international law.  So I wonder if there is some reason to think liberal internationalists would be willing to embrace the argument made in a recent book by...

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24 Sep

My earlier post on Somalia received some interesting comments which I would like to develop further. First, framing state failure as a continuum is important because where a state stands in this continuum (i.e. its ability to react to international security emergencies that occur in its territory) informs decision makers on what (and if) actions are required by the international community....

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24 Sep

Here is the letter of the EU Ambassador to the US to Virginia Governor Robert McDonnell protesting the (then) imminent execution of Teresa Lewis, among other international voices attempting to win commutation for the convicted killer.  Obviously the effort failed.  I'm not sure that there has been any episode in which one can establish a causal link between such international...

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24 Sep

My apologies for this late entry in the discussion of state failure. I’d like to address what I see as the central legal paradox that Chiara raises in her fascinating new book. That is the disjunction between the criteria for creating states and the criteria governing their extinction. Chiara demonstrates that many failed states might well be ineligible for statehood...

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23 Sep

Chiara Giorgetti devotes a good part of her book to the reactions of the international community, and the tools available to it, with regard to the lack of a functioning government in Somalia since 1991 and the consequent ripple effects that the failure of functioning governance there has produced on other countries.  The example she gives of the management of Somali...

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23 Sep

President Obama's UN General Assembly speech this morning highlighted the place of civil society as an agent of progress: Civil society is the conscience of our communities, and America will always extend our engagement abroad with citizens beyond the halls of government. We will call out those who suppress ideas, and serve as a voice for the voiceless....

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23 Sep

The U.S. Congress is just about to have their much-dreaded midterm elections, and they will probably not do much before November 2 except to spend millions of dollars on annoying campaign ads.  But it looks like before they break for the election, Congress may vote on two bills that may violate U.S. obligations under the WTO and NAFTA. First, Congress is...

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23 Sep

Between 1998 and 2000, I worked in Somalia for the UN Development Program. This experience very much informs my view on how international system deals (or does not) with state failure. As it is known, Somalia has been without a functioning government for the past 20 years. And Somalia is often referred to as the main example of State failure. In...

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