General

In the ever-expanding world of international law scholars who become influential deans, George Washington University School of Law announced today that Paul Schiff Berman, Dean at Arizona State, will be the new dean at GWU. "GW Law School is obviously already one of the top law schools in the country, but it is far more than that,” Mr. Berman said....

Faithful readers of this blog - I mean, very faithful readers, the ones who read every post - perhaps know that I have been interested for a long time in a debate that lurks in the background to the debates over targeted killing and drone warfare.  This background debate (one of several important ones embedded in the targeted killing arguments) is whether there is a "legal geography of war."  That's a term I invented for this paper, but it goes to the question of where and when the laws of war apply, and where it is instead just the Laws of Ordinary Life, in the context of targeted killing. I've written a new, short, non-technical, general audience, and no-notes paper that in final form will be published online by the Hoover Task Force on National Security and Law, of which I'm a member.  I have just posted the working version of the paper to SSRN.  Targeted Killing and Drone Warfare: How We Came to Debate Whether There Is a 'Legal Geography of War'. I give my own view in a non-technical way, along with discussion of NIAC and self-defense and other things - but in this essay I'm much more interested in giving my sense of how the debate evolved among various interlocutors over the past ten years. Abstract is below the fold.

Release of Obama's long-form birth certificate won't satisfy the real conspiracists: they are already all over putative discrepancies in the document.  But the document doesn't extinguish another birther argument: Obama wasn't a "natural born citizen" because he had dual citizenship at birth.  Here's an example from among the many birthers who have hit their comment buttons today: Thank you, Mr President...

Numbers of folks I’ve been talking with recently — desirous of going forward with humanitarian intervention in Libya, but mindful that international altruism by the Western democracies goes forward only with few casualties among their armies — seem suddenly to have concluded that drones are a wonderfully discriminating weapon. Perhaps I am unfair, and anecdote is not data, but let’s just...

Lindseth’s book is a highly valuable analysis of the administrative roots of the European Union, which will be of real service to scholars and students in the field.  Although it is impossible to do justice here to his rich and, in many ways, provocative thesis, he argues that the legitimacy of the European project is drawn from administrative law and...

We're pleased this week to host a discussion of Peter Lindseth’s new book, Power and Legitimacy: Reconciling Europe and the Nation-State (OUP 2010).  Peter is Olimpiad S. Ioffe Professor of International and Comparative Law at the University of Connecticut Law School.  Among other honors, Peter he has been a fellow and visiting professor in the Law and Public Affairs (LAPA)...

Fine long article in the Washington Post today by Peter Finn and Anne E. Kornblut on why President Obama has not fulfilled his promise to close Guantanamo Bay.  Detailed, measured, and comprehensive, with an excellent timeline graphic.  I agree with Ben Wittes’ take that the best bit of reporting detail is this: On Obama’s inauguration night, when the new administration instructed military prosecutors...

Ken's post and the comments following it display an understanding that drones are particularly well suited to this mission because their longer loiter time makes them more discriminating and therefore more capable of proportional strikes than manned aircraft. As someone who has personal experience with the difficulties of discriminating between combatants and civilians while accurately delivering weapons from manned...

Jack Goldsmith notes at Lawfare: Last Monday Harvard Law School conferred its medal of freedom on one of its graduates, General Mark Martins, Commander of the Rule of Law Field Force -Afghanistan.  The Harvard National Security Journal has just posted the speech, with slides, that General Martins gave for the occasion....

The US has now deployed armed drones over Libya, according to press reports.  Drone systems have been operating as surveillance systems for weeks now, but acting on a NATO request, the US has now put up at least two weaponized drones in the Libya conflict. The logic of this move is inescapable.  NATO countries launch air strikes against Libyan army assets, making...

For the students among you ramping up for your international law exams, you're probably glad that you won't have to face this kind of question (which appeared on Professor Beale's 1905 exam at Harvard Law School): Indictment for larceny. The defendant was an officer in the English army detailed to pursue a, band of Indians who had been murdering settlers in...