Big news -- and news I wasn't expecting: A former prisoner at the U.S. Navy base at Guantanamo Bay, Cuba, from Australia on Wednesday won a legal challenge to his terrorism conviction before a military court. The U.S. Court of Military Commission Review struck down the March 2007 conviction of David Hicks in a unanimous ruling that reverses what had been one...
[Charlotte Peevers is a Lecturer in Law at the University of Technology, Sydney and author of ‘The Politics of Justifying Force: the Suez Crisis, the Iraq War, and International Law' (Oxford University Press: 2013). Part one of this guest post can be found here.] Legal-Political Authority and International Law Any review of the inquiry hearings would be incomplete without a word from Tony...
Regular readers of the blog know that one of my hobbyhorses is the "unwilling or unable" test for self-defense against non-state actors. As I have often pointed out, scholars seem much more enamored with the test than states. The newest (regrettable) case in point: my friend Claus Kress, who is one of the world's best international-law scholars. Here is what he writes...
[Charlotte Peevers is a Lecturer in Law at the University of Technology, Sydney and author of 'The Politics of Justifying Force: the Suez Crisis, the Iraq War, and International Law' (Oxford University Press: 2013).] In the past few weeks we have learned, though we have suspected for quite some time, that the Chilcot Inquiry will not be in a position to publish...
On February 12, the UN Security Council unanimously passed an important new Chapter VII resolution – Resolution 2199 - to respond to terrorist groups in Iraq and Syria. This resolution is significant for four reasons. First, the resolution specifically targets the supply of oil. In other words, it attempts to degrade the supply chain and the support networks. The preamble refers...
Your weekly selection of international law and international relations headlines from around the world: Africa A female suicide bomber has killed at least ten people at Damaturu Central Motor Park, a bus station in the northeast Nigerian city. Boko Haram fighters attacked a village in Chad on Friday, the first known lethal attack in that country by the Nigerian militant group, which killed several...
The White House has proposed a draft resolution authorizing the President to use military force against ISIL (also know as "ISIS" or simply the "Islamic State"). While it is laudable that the president is asking for specific congressional authorization for military strikes against ISIL, I remain troubled by several aspects of the proposal. First, the passage of the proposed resolution would replace the existing...
Today's a travel day, so I don't have time to write a full post. But I thought I'd flag a very interesting article in The Diplomat about China's new draft anti-terrorism bill, which seems to have a strong chance of becoming law. Here's a snippet: Obviously owing to the worrisome escalation of terrorist acts since the Tiananmen Square attack in October...
Glenn Reynolds of Instapundit (and of the University of Tennessee Law School) has a short op-ed in USA Today celebrating the first official US government statement of support for the private exploitation of resources on the moon. As Reynolds describes it: Bigelow [a private US company] has decided that it wants to go to the moon, and — here's the real...
Your weekly selection of international law and international relations headlines from around the world: Africa Boko Haram fighters waged twin attacks Sunday in Niger, their latest front in a widening regional insurgency, with a market bomb blast sowing panic. At least two people were killed when Somali militants al Shabaab attacked the house of a senior police official in the semi-autonomous region of...
This week on Opinio Juris, Kevin argued that the CIA and Mossad violated the Terrorist Bombing Convention in the 2008 bombing of Imad Mughniyah, Hezbollah’s international operations chief. Kevin also responded to Ryan Goodman's Just Security post on Serdar Mohammed. A second part of that response is still to come, but Kevin already flagged the ICRC's November 2014 Opinion Paper on detention in NIAC. Kevin also...
I still need to write Part 2 of my response to Ryan Goodman, but it's worth noting that he and I actually agree about detention in NIAC much more than we disagree. We both agree that IHL itself does not authorize such detention. We both agree that the standard governing detention in NIAC is that it must be non-arbitrary. We...
