General

Drones as Strategic Airpower and the Light Cavalry?

David Rittgers, a Cato legal analyst and former Special Forces officer, has an excellent op-ed in today’s Wall Street Journal on the use of Predator drones.  He cautions, on the one hand, against reflexively regarding drone attacks as nonjudicial execution or, really, functionally different from other weapons that soldiers might use — as well as cautioning against the idea that Congress or courts could somehow micromanage the use of these weapons.  On the other hand, he cautions against thinking that the problem of drones is that the US should be seeking to capture rather than kill because of the loss of intelligence; he notes that operationally, there are many reasons why capture is very often infeasible.  It’s a good piece, measured and sensible, and I highly recommend it. I’ve been quiet around here in the last little while as I, too, have been writing about Predators and targeted killing — expanding and moving beyond my book chapter from last year  on this topic.  Barring some big news on health care or some such, the Weekly Standard will be running a piece from me next week arguing something I’ve developed at Volokh Conspiracy and here at OJ blog:  first, that the administration’s lawyers need to step up to the plate and defend targeted killing using Predators and, second, the proper legal basis on which to defend it to the full extent undertaken by the Obama administration is the international law of self-defense, rather than simply the law of armed conflict, targeting combatants.

Commercial Whaling Makes a Comeback

It is amazing how much effort has been expended in countries like Japan and Australia to argue about whaling.  It is fascinating from say, a realist perspective, since it is hard to imagine that either side has any real meaningful national interest.  And as far as I can tell, Australia's government is acting on essentially moral grounds, which is er,...

Americans Hate the UN Slightly Less, Gallup Poll Says

The invaluable "Turtle Bay" Blog points me to this recent Gallup poll on the U.S. public's view of the United Nations. I'm a bit surprised the UN polls so badly (26 percent is pretty low).  Then again, Americans are a tough lot. Congress rates even lower, and President Obama is heading in this direction.  So the UN is actually doing quite...

Inching Toward Peace in Sudan

Despite all the grumbling from NGOs, there does appear to be some modest progress toward more peace and stability in Sudan. Sudanese President Omar al-Bashir has signed a framework ceasefire deal with one of Darfur's main rebel groups, the Justice and Equality Movement (Jem). The power-sharing agreement in Qatar is seen as an important step towards peace, though the other main rebel...

Falklands War Redux? Or Perhaps Its Time to Head to ITLOS

Emerging disputes over oil drilling and natural gas exploration in the Falklands should provide an ideal test case for international dispute resolution. Argentina appears to be ready to contest UK drilling for hydrocarbons in the Falklands' exclusive economic zone. Britain rejected Argentine objections to oil exploration off the disputed Falkland Islands on Tuesday, saying the drilling was within international law. Argentine President...

Obama Reduces the “Freedom of Religion” to the “Freedom of Worship”

So says Ashley Samuelson of the Becket Institute.  I'm not sure there has been a policy shift yet, but it is worth watching. “Freedom of worship” first appeared in a high profile speech in Obama’s remarks at the memorial for the victims of the Fort Hood shooting last November, a few months after his Cairo speech. Speaking to the crowd gathered...

Who Needs the State Department?

The usual meeting of U.S. governors this year has an added wrinkle: the participation of premiers from Canadian provinces. Provincial leaders wrapped up three days of meetings with U.S. governors in Washington, D.C., on Sunday and Manitoba Premier Greg Selinger said the unprecedented get-together paves the way for improved relations between Canada and the U.S. “It’s the first time the governors and...

LA Times Op-Ed Contributors on Targeted Killing and Presumed Mossad Hit

Over at the Los Angeles Times opinion page today, Sunday, February 21, 2010, Marjorie Miller has lined up various folks to opine on targeted killing and the presumed Mossad hit in Dubai.  The offerings are very short — a hundred or so words each — but I had no idea when approached I would be in such exalted company, including Philip Alston,...

Those Anti-Whaling Pirates

My former law firm colleague Natalie Klein (now a law prof at Macquarie) calls out aggressive anti-whaling protesters, suggesting they could be liable for piracy. WHEN Sea Shepherd Conservation Society member Pete Bethune climbed from his jet ski on to Japanese whaling ship the Shonan Maru 2 and presented a demand for money following weeks of hostile encounters between the whalers...

D’Amato Sues Hungarian Railways for Holocaust-Era Complicity

I don't know about this lawsuit, presumably filed under the Alien Tort Statute, but it should be interesting.* A Northwestern University law professor has sued the Hungarian State Railways on behalf of Jews deported to camps during World War II. Anthony D'Amato, who teaches international law, is seeking compensation for property stolen from Hungarian Jews, the Chicago Tribune reports. In a brief...

Here Comes the Convention on Cluster Munitions

The Convention on Cluster Munitions, which bans "cluster bombs," received its 30th ratification yesterday when Burkina Faso and Moldava deposited their ratifications.  The treaty, which was signed back in 2008, set 30 as the number of nations needed for it to go into effect.  It will now become active on August 1, 2010.  Apparently, this treaty was spearheaded by New...