Ben Wittes has a post at Lawfare today discussing ways in which the Obama administration might be able to avoid litigating the ACLU/CCR lawsuit challenging Al-Aulaqi's targeting. One of his preferred responses is the "political question" doctrine; in his view, "enemy targeting" is a classic example of a political question with which the judiciary should not interfere. I would not be...
I have no desire to have the final word with Ken. But I would like answers to two questions. First, where does Melzer or the ICRC say that armed conflict is a geographically-bounded concept, such that a participant in an armed conflict ceases to be targetable as soon as he leaves the battlefield? I cited pages in Melzer's book on targeted...
I've got a new draft article on cyberthreats (you can download it at SSRN here). I'd planned to wait before blogging about it, but events have overtaken my plans since Orin Kerr and Dave Hoffman are already discussing my ideas over at Concurring Opinions. So, let me offer some responses to their questions here, and in the process explain (a) why some...
I have no idea why Ken posted his thoughts on the Washington Post editorial only at Volokh Conspiracy, but I wanted to respond to his post, because I think it is based on a critical misapprehension of the laws of war. Here are the relevant paragraphs (my emphasis): [G]oing to the geographic definition of war as a legal concept. This idea...
Ben Wittes calls attention today to a Washington Post editorial defending the targeted killing of American citizens like Al-Aulaqi: [W]hen a target is hiding in a lawless state or in one which refuses to cooperate in his apprehension, other alternatives must be considered, including targeted strikes. The decision to target an American must be a last resort, used...
Julian noted a couple of days ago that the ACLU and Center for Constitutional Rights have challenged the Obama administration's "asserted authority to carry out ‘targeted killings’ of U.S. citizens suspected of terrorism far from any field of armed conflict.” The lawsuit claims, inter alia, that such killings violate the due-process rights of the targeted citizens. As Anthony Romero...
The Washington Post is reporting that a State Department contractor has been charged with leaking defense information to Fox News: A State Department contractor was indicted Friday by a federal grand jury in the District, becoming the latest target of a series of investigations into unauthorized government leaks to news organizations under the Obama administration. Stephen Jin-Woo Kim, 43,...
Julian's latest snide swipe at the ICC focuses on Bashir's visit to Kenya, which he describes as a "slap in the face to the ICC Prosecutor and the defenders of the Bashir arrest warrant." Not surprisingly, Julian conveniently fails to mention the details of Bashir's visit: Sudanese President Omar al Bashir curiously flew in through Nairobi’s Wilson Airport, and ...
So says a draft UN report that studied events in the Congo between 1993 and 2008: An exhaustive U.N. investigation into the history of violence in the Democratic Republic of Congo has concluded that the Rwandan military and its allies carried out hundreds of large-scale killings of ethnic Hutu refugees during the 1990s that amounted to war crimes,...
The report is here. I have neither the time nor the stomach to fully engage with it, but I couldn't let paragraph 82 pass without comment: 82. The United States is currently at war with Al Qaeda and its associated forces. President Obama has made clear that the United States is fully committed to complying with the Constitution and with all...
So reports Reuters: The Dutch prosecutor's office said on Friday it would look into whether Dutch peacekeeping soldiers should face criminal charges over the 1995 massacre in the Bosnian town of Srebrenica. About 8,000 Bosnian Muslim men and boys were killed at Srebrenica after Bosnian Serb forces overran the United Nations-protected enclave where Dutch troops were ...
In the interests of being fair and balanced (as always!), I thought I would post on this good response by David Bosco to Jeremy Rabkin's recent essay on the International Criminal Court in The Weekly Standard (which I discussed here). Although I am not totally convinced by it, I think Bosco offers the best possible defense of the ICC that would...
