Foreign Relations Law

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...

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.”...

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. ...

I really wanted to ignore the Wall Street Journal editorial that Julian mentioned yesterday, filing it in the "life is too short" category.  But I can't help myself, because the editorial is just shockingly factually inaccurate -- to say nothing of its rather curious judgment, such as the idea that Bashir "may be the only man able to guarantee...

Honestly, I thought I had seen it all.  I had resigned myself to the traditional media doing everything they could to avoid drawing attention to McCain's inability to keep basic facts about foreign policy straight -- Sunni vs. Shia, Czechoslovakia (four times!), Somalia vs. Sudan, the remarkable Iraq/Pakistan border.  But I never expected CBS to actually edit an interview with...

AFP is reporting that Radovan Karadzic,  the former president of Republika Srpska and the former head of the euphemistically named Serb Democratic Party, has been arrested.  This is great news -- if the ICTY had a "most wanted" deck of cards, Karadzic would be the Ace of Spades: As early as July 1991, the Bosnian Serb leaders, and in particular, Radovan...

As frustration with the Bush administration's War on Transparency continues to mount, scholars and pundits are beginning to suggest that the U.S. should think about creating a South African-style Truth and Reconciliation Commission to investigate the administration's many crimes.  Nicholas Kristof is one example. Richard Clarke is another.  And a third is Katherine Tiedemann, writing in The American Strategist: The South...

It's been a while since I wrote about Luis Posada Carriles, former CIA asset and admitted terrorist, who currently walks the streets of Miami as a free man due to the Bush administration's disinterest in punishing terrorism committed against countries the US doesn't like. Fortunately, Posada Carriles may not be free much longer, thanks to a decision by the Panamanian Supreme...

I noted a few days ago that the Security Council is unlikely to pass a resolution deferring the Prosecutor's investigation of Bashir, given the number of non-permanent and permanent members of the Council who are supporters of the ICC.  I think that position is even more sound in light of the European Union's promise today -- on the 10th anniversary...