I will join the chorus of praise for this terrific book. But I want to add briefly to Peter’s critique of Ben’s premise that the current threat from transnational terrorism has us in a “long war,” by looking at what this means for broader foreign policy – one that encompasses, but it is not driven by, domestic legal policy. The book correctly,...
This is a great book and there's a lot to chew on here. By way of taking up Ben's opening volley, I have two general thoughts: 1) things may need some fixing, but not necessarily at the foundational level framed in the book, and 2) to the extent things do need fixing, international law has to be in the picture. The first point...
Let me start by thanking Chris for hosting this discussion, of which I'm delighted to be a part, and by thanking as well all of those who are participating. It really is a wonderful group, and I'm excited about the coming exchange. I wrote Law and the Long War out of a sense of frustration with the debate that has developed over...
We are pleased to host this week a discussion of Benjamin Wittes’ book Law and the Long War. Ben's book is a comprehensive analysis of how September 11th did--and did not--change National Security Law, the disparate group of legal mechanisms related to counter-terrorism. It is also about what the role of law in counter-terrorism should be. It is a book that is sure...
Noted with awe how cool David Cameron is: Mr Cameron gave Mr Obama a selection of CDs by the Smiths, Radiohead and Gorillaz. Snarky comments about what music McCain would give a young, hip Liberal leader from the UK welcome....
Ordinarily I do not blog on articles or discussions that seem to me entirely muddle-headed; life is too short. However. (Admittedly irritating digression: Life is particularly too short here at the Hoover Institution, Stanford, where I am spending a few weeks finishing a book manuscript on US-UN relations in the next administration, whosever it happens to be. The weather in Palo...
Just in case there is some blogger fairness doctrine I don't know about, I should mention that Obama seems to generally favor the ICC -- though he obviously has reservations about U.S. membership. Here is his clearest statement, made last October: Now that it is operational, we are learning more and more about how the ICC functions. The Court has pursued...
No, that's not a snarky question. He has consistently made comments that seem to indicate far more openness to the Court than the typical Republican. In 2002, he voted against the appalling American Service-Members Protection Act (aka "The Hague Invasion Act"). In 2005, he said “I want us in the ICC, but I’m not satisfied that there are enough safeguards.”...
As I write, I am sitting on the balcony of the Castle in Karem Maharal, a few miles north of Caesarea and a few miles south of Haifa. I look out over my balcony at the vineyards drinking Tishbi wine, which has been grown here in Zichron Yaakov for decades. To my left the sun is setting over...
. . . and I bet you are, too. In a recent move ostensibly aimed at shoring up its national identity, Germany has instituted a citizenship test. Naturalization applicants must correctly answer 17 out of 33 multiple-choice questions on German institutions and society. The questions are drawn from a catalogue of 310 questions that test-takers are given in advance. Try your luck here. For most,...
I just wanted to remind everyone that next week we will host a discussion of Benjamin Wittes' book Law And the Long War. Besides Ben, Bobby Chesney (Wake Forest), Geoff Corn (South Texas), Glenn Sulmasy (U.S. Coast Guard Academy), Steve Vladeck (American University), Marty Lederman (Georgetown) and possibly one or two others will be joining us for the book symposium. ...
We are very happy to announce that, as of Monday, Deborah Pearlstein of Princeton University's Woodrow Wilson School of Public and International Affairs will be joining Opinio Juris as our newest (OK, only by two weeks) member. A scholar and practitioner in national security law, Deborah served from 2003 to 2007 as the founding director of the Law and Security Program at Human Rights...
