In its motion to dismiss the ACLU/CCR targeted-killing lawsuit, the government claims (p.5) that Al-Aulaqi can be lawfully targeted because Al Qaeda in the Arabian Peninsula is "an organized armed group that is either part of al-Qaeda, or is an associated force, or cobelligerent, of al-Qaeda that has directed armed attacks against the United States in the noninternational armed conflict...
I am currently underwater with some things and won't be posting much, despite my interest in the debates over drones, targeted killing, and much else besides. However, I wanted to suggest that, for those trying to make sense of US actions in AfPak - including the overt strikes by NATO against safe havens in Pakistan, the sharply increased public pressure...
[Harold Hongju Koh is the Legal Adviser, United States Department of State; previously he was Martin R. Flug ’55 Professor of International Law and Dean, Yale Law School (2004-09), as well as U.S. Assistant Secretary of State for Democracy, Human Rights and Labor (1998–2001). This tribute is adapted from "The Future of Lou Henkin’s Human Rights Movement," Columbia Human Rights Journal...
Terribly sad news today on the death of Louis Henkin. Here's the message from Columbia Law School Dean David Schizer: I'm very sorry to report that our colleague, Lou Henkin, passed away this morning. Lou has been a towering presence here at the Law School since he joined the faculty in 1962. His intellectual and personal contributions were...
If passed, the House bill, "Currency Reform for Fair Trade Act" (H.R. 2378) has all the markings of a major trade battle before the WTO. At bottom, the law requires the United States administrative agencies to treat currency manipulation as a subsidy that would be subject to countervailing duties equal to the benefit to exporters conferred by the manipulation. The...
[John Dehn is an Assistant Professor in the Department of Law at the United States Military Academy. The views expressed in this post are his own and do not necessarily reflect those of the Department of Defense, U.S. Army, U.S. Military Academy, or any other department or agency of the U.S. government] I agree with Kevin that not every wartime decision...
You can find the brief here. I was going to write about the "political question" section, but Ben Wittes beat me to it. Here is what he says (emphasis mine): Fifth, the groups’ arguments that the case does not present a political question are deeply radical and fascinating. For present purposes, consider only some of the main themes...
Today at noon, the Whitney R. Harris World Law Institute at Washington University Law School is holding a debate on targeted killing using drone aircraft. It features Notre Dame's Mary Ellen O'Connell and yours truly, and moderated by Minnesota Public Radio's Matt Sepic. Mary Ellen and I each hold strong views on this topic, of course, and I am greatly...
At Foreign Policy, Bill Egginton, the chair of German and Romance Languages and Literatures at Johns Hopkins -- and more importantly, my best friend -- has a fascinating article on Mario Vargas Llosa, the Peruvian novelist who just won the Nobel Prize for Literature. Here is a snippet: [H]is latest book, El sueño del celta, which will be released on Nov....
The American Branch of the International Law Association will be hosting its annual International Law Weekend in New York City, October 21-23. The full program can be found here, and includes some great panels on a range of topics under the theme “International Law and Institutions: Advancing Justice, Security and Prosperity.” (You might even see an OJ blogger or two!) ...
That appears to be the upshot of section 704 of Public Law 111-117, a doorstop appropriations measure enacted last December: SEC. 704. Unless otherwise specified during the current fiscal year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of...
A while back I wrote a sort post on the violent political economy of rare earth elements, also known as REE's. A recent Congressional Research Service report (.pdf is here) describes the central (and until recently under-reported) role of REE's in the modern economy and national security infrastructure: Some of the major end uses for rare earth elements include use in automotive...
