In association with the International Commission of Jurists

General

04 Sep

The Senate has a draft resolution authorizing the use of force in Syria up for mark-up today, which you can find here. In its key operative provision, the resolution authorizes the use of force to 60 days only, subject to a 30-day extension upon a presidential certification of "extraordinary circumstances." If Congress doesn't extend the authorization, it is thereafter terminated. SECTION 4. TERMINATION...

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04 Sep

The Senate Foreign Relations Committee in the US has agreed upon a draft AUMF, authorizing President Obama to carry out strikes in Syria. Foreign Policy has a post warning that this 60-day authorization may be just a prelude to intervention in the Middle East as well as a piece entitled The Syrian Abyss. Russian President Vladimir Putin said his country may approve...

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03 Sep

For those still following along, an interesting array of views on the Syria situation in a conversation this afternoon on HuffPost Live, including Michael Scharf, Jules Lobel, Eric Posner, and yours truly. Would that the link went back a bit farther, you could listen in on a lively Miley Cyrus debate as well. ...

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03 Sep

Yes, according to Secretary of State John Kerry: Secretary of State John Kerry told House Democrats that the United States faced a “Munich moment” in deciding whether to respond to the alleged use of chemical weapons by the Syrian government. In a 70-minute conference call on Monday afternoon, Kerry derided Syrian President Bashar Assad as a “two-bit dictator” who will “continue to...

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03 Sep

The UN chemical weapons inspection team in Syria is set to begin transferring samples that it has collected from the country to the laboratories for testing. More than 2 million refugees have now fled Syria's civil war, piling pressure on neighboring host countries according to the UN. Sweden is set to change its asylum law and grant permanent residency to those...

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02 Sep

Just as Syria has been our main focus the last few days with our Insta-Symposium, there has been a lot written elsewhere on the developing situation. Just a sampling of a couple other articles of note: one from William Schabas on intervention as aggression and one from Charli Carpenter urging us not to use the term "humanitarian" for this intervention....

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01 Sep

Doesn't sound like it, if you read between the lines of this AP account. Until Friday, everyone was assuming that congressional pre-clearance was not constitutionally required or otherwise warranted. Obama's national security team was in agreement that while consulting with Congress was critical, there was no need for formal approval, officials said. Seeking a vote in Congress to authorize a strike...

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01 Sep

As an adherent of the view that the Constitution requires congressional approval before the President can use military force (other than in certain circumstances of national self defense), I think the President’s decision to seek authorization from Congress was legally required. While Marty is right that presidential practice has at times been otherwise, I don’t think that practice should...

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31 Aug

President Obama's decision to seek authorization for military intervention in Syria is a watershed in the modern history of war powers. At no point in the last half century at least has a president requested advance congressional authorization for anything less than the full-scale use of force. Foreign Policy's David Rothkopf gets it exactly right: Whatever happens with regard to Syria, the...

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31 Aug

This week on Opinio Juris, the possible intervention in Syria  took centre stage. Julian rounded up statements by the UK, Russia and France on the legality of a military intervention without UN authorization, and declared that the doctrine of humanitarian intervention suffered a massive blow when the UK House of Commons rejected a resolution on military strikes. Deborah discussed why the...

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29 Aug

[Travel and other expenses related to my participation in the "100 Years Peace Palace" program provided by the Government of the Netherlands and Radio Netherlands Worldwide.] Finishing up my week of meetings and interviews related to international legal institutions at the Peace Palace and the Hague more generally, I will be meeting tomorrow with President Sang-Hyun Song of the International Criminal...

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