Middle East

Just in case you are not yet convinced that the Obama administration's counterterrorism policies are actually worse than the Bush administration's: The officials said U.S. Secretary of State Hillary Clinton had made the decision to remove MEK from the list, and that it was expected to be formally announced in coming days. The State Department said that Clinton sent a classified communication...

The Obama Administration appears to have shifted its views on the nature of the September 11, 2012 attack on the U.S. consulate in Libya that resulted in the death of four Americans, including U.S. Ambassador Christopher Stevens.  Rather than blaming the attack on a "spontaneous" reaction to the offensive US film (which U.S. Ambassador to the U.N. Susan Rice seemed...

Here it comes: President Obama is exercising his Commander-in-Chief powers, a la Durand v. Hollins: The U.S. responded to the assault by dispatching two Navy destroyers, dozens of Marines, federal investigators and intelligence assets to Libya to protect Americans and hunt the suspected religious extremists who carried out the attack late Tuesday. U.S. officials described the attack that killed Ambassador Christopher...

[I posted this originally at the same time as Duncan, so it is a bit repetitive, but I'll leave its content basically as is]. Sad and startling news:  U.S. Ambassador to Libya Christopher Stevens was killed yesterday in a rocket attack on the U.S. Consulate in Benghazi.  This is an addition to another violent attack on the U.S. Embassy in...

Having followed the terrorism litigation against Iran for years, I was fascinated to read of the recent legislation—Section 502 of the Iran Threat Reduction and Syria Human Rights--that creates a legislative fix for victims of one particular group of terrorist victims but not thousands of others. The law in question grants plaintiffs/judgment creditors in one and only one case—Peterson...

A recent post at Mother Jones mentions my view of UBL's killing and provides Ken's brief thoughts on his death: Kenneth Anderson, a law professor at American University Washington School of Law, disagrees. "Being wounded does not necessarily render one hors de combat; hors de combat means they’re not actually posing a threat to you," Anderson says, citing moments where wounded...

Of the 1500+ posts I've written for Opinio Juris over the past seven years, none angered my fellow progressives more than the post in which I claimed that the killing of Usama bin Laden was perfectly legal under international law.  Here is what I wrote: To begin with, I think the applicable legal regime is international humanitarian law (IHL), not international...

South Africa recently decided that, in order to avoid consumer confusion, goods imported from the Occupied Palestinian Territories must include special labels that make clear they were not produced in Israel.  Israel's outrage was predictable -- but its rhetoric was anything but: The Israeli Foreign Ministry said it would summon South Africa's ambassador to lodge a protest over the decision on...

[Solon Solomon is a Former Member of the Knesset (Israeli Parliament) Legal Department in charge of international and constitutional issues] Traditionally, the law of occupation envisions the continuation and preservation of the status quo ante. Yet, in cases of prolonged occupations, it has been conceded that the occupying power can alter legal or factual reality if this is for the betterment of the local occupied population’s life. The question is though if in such instances, alongside a dynamic interpretation of the law of occupation, the factual and normative status quo can be subject to a change in order to meet the needs not of the local population but of the occupying power. One way to reach an affirmative answer is to broadly interpret existing notions in the law of occupation, such as that of “military necessity.” This is the path traditionally chosen by Israel’s Supreme Court which has consistently ruled that “military necessity” covers also the wider security needs of the occupying power’s civilians. Alternatively, someone can opt to render a dynamic note to the law of occupation and interpret it accordingly. No longer does occupation remain a static, historical fact, but it adapts to the advent of time. The question is if such adaptation is only factual or also legal. Two recent examples from the two classical prolonged occupations in the Middle East bring to the frontline this de facto and de jure transformation the law of occupation undergoes or aspires to undergo.

The Independent has the story: European governments, including Britain's, have received legal opinion from a leading international counsel who argues they would be fully within their rights to ban trade with Israeli settlements in the occupied West Bank. The formal opinion from James Crawford, professor of international law at Cambridge University, is likely to inject fresh momentum into campaigns in the United...