In association with the International Commission of Jurists

General

29 Aug

Adam Entous and Siobhan Gorman of the Wall Street Journal's national security reporting team have a good discussion of the targeted killing-drone strike on August 22, 2011 that killed Attiyah Abd al-Rahman, Al-Qaeda's second in command. A considerable part of the Pakistani government's irritation with the conduct of drone strikes is that the US not only does not seek permission -...

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28 Aug

As some readers may know, I spent four years writing television in Los Angeles -- law, cop, and terrorism shows -- before becoming an academic.  When I wrote scripts, I prided myself on accuracy: although I occasionally took artistic license, I always tried to get the law and facts right as best I could.  So it bothers me to no...

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26 Aug

The Wall Street Journal's Siobhan Gorman has an interesting profile today of Michael Morell, a veteran CIA insider (31 years in) who is tapped to help guide the new director, David Petraeus, as he steps out of the uniform and into the suit, through the maze of internal CIA culture.  (It might be behind the subscriber wall.) In a rare interview,...

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24 Aug

Last week I posted about the challenges to and importance of judicial review of war measures against U.S. citizens.  This post will use the bin Laden killing to explore the issue in the context of targeting --- hopefully in manner accessible to the average reader.  After reviewing issues likely preventing prior judicial adjudication or review of a potentially lethal (“kill...

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23 Aug

Professor Sam Estreicher of NYU has an interesting and provocative new take on the "so-called proportionality principle" in the law of armed conflict that was recently published by the Chicago Journal of International Law. The focus of this article is on the so-called principle of “proportionality,” which regulates the conduct of warfare in an effort to limit harm to civilians during...

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22 Aug

While the world waits to learn the fate of embattled Libyan leader Muammar Gaddafi, the trial of another former Mid East Leader, President Hosni Mubarak of Egypt, is currently underway.  In terms of international interest, Mubarak may be no Gaddafi.  But since the Mubarak trial concerns the former President of a strategicly important country charged with ordering the killing of unarmed protesters challenging his rule, it has...

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21 Aug

DARPA will be making a grant award this fall to some organization to address interstellar space flight: In what is perhaps the ultimate startup opportunity, Darpa, the Defense Advanced Research Projects Agency, plans to award some lucky, ambitious and star-struck organization roughly $500,000 in seed money to begin studying what it would take — organizationally, technically, sociologically and ethically — to send...

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19 Aug

After 200 years of quiescence, Piracy has re-emerged as a major problem for world shipping.  A recent report has documented that Piracy has resulted in more than $12 billion in losses in the past twelve months alone.  According to an August 11, 2011 article in the Guardian, Piracy is also significantly hampering food aid to drought-stricken Somalia, resulting in thousands of deaths.  Somali...

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19 Aug

Let me respond to Kevin’s thoughtful post and discuss an opportunity for judicial review of an (implicit or explicit) elected branch assertion of the existence of an armed conflict.  (After all, I promised Raha an example that I have not yet provided.) In my opinion, Hamdan is not an example of such judicial review.  The Bush administration did not argue that...

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19 Aug

Apologies for the non-existent blogging of late -- a few weeks ago a car knocked me off my bike, breaking a small bone in my forearm and badly bruising my ribs.  I didn't need surgery or even a cast, fortunately, but I haven't been able to type more than a short email until the past few days.  This is probably...

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18 Aug

In response to my last post, Raha Wala asked a wonderfully difficult question.  I have argued below, as well as here and here, that judicial review of executive war measures against U.S. citizens in armed conflict is not only permissible but may even be constitutionally compelled (in cases meeting other prerequisites to the exercise of judicial power).  Raha asked whether I believed...

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17 Aug

It is a great pleasure to be invited to be a guest blogger on Opinio Juris for the next few weeks. Please stay tuned for my upcoming blogs about Somali piracy and the Hosni Mubarak trial later in the week. For my first blog, I want to weigh in on the provocative question of whether the UN Security Council should consider...

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