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02 May

...The notes to the book are exceptionally rich, too, and my research assistants are busily scurrying about finding things that Mark identifies in them. But now let’s get down to the True Nub of the matter … Mark manages to cite just about everyone who’s anyone in the notes but, according to my research assistants, he didn’t manage to cite the Esteemed Author (who might that be?) who closed out a New York Times Magazine essay on the laws of war with the Marvelously Constructed & Pithy Sentence: “Reciprocity matters.”...
02.05.09 | |

17 Jun

...cooperation if that is a common objective on both sides. The way it seems to be being played now is for a short term hand off to the next President on our side and maybe the same for the Prime Minister on the Iraqi side. It seems that the US removing troops is not incompatible with the US having a longer term special relationship with Iraq in terms of economic, social and security assistance on terms that are acceptable to both countries. We broke it, so we own it (or...
17.06.08 | |

25 Oct

...do whatever it pleases. I bet he has big poster in his living-room, with quotes by John Bolton, such as: "It is a big mistake for us to grant any validity to international law even when it may seem in our short-term interest to do so because, over the long term, the goal of those who think that international law really means anything are those who want to constrict the United States." "There is no United Nations. There is an international community that occasionally be led by the only real...
25.10.11 | |

28 May

...combatants falling into any of these three categories may or may not resort to terror tactics, but that is legally meaningless to the question of whether they can be targeted. Thus using the term "terrorist" in this context is playing word games and trying to insinuate a host of false assumptions into your argument without admitting that you are using them, especially when you attribute the term to someone whose argument you are criticizing. There are a variety of states of hostility short of armed conflict. North Korea, for example,...
28.05.10 | |

10 Nov

...I guess even in the case of an armed attack from non-state actors from within a country like Syria, USA would not have the permission to operate against these individuals within the Syrian territory.I don't think International Law would deem such an incursion as totally justified, as long as the country concerned approves such an operation. Also the term "hot pursuit" on land is not something accepted by the majority of the IL experts, though I know USA, Israel and Turkey referred to the term as justification of their cross-border...
10.11.08 | |

27 Jun

of introducing an institution with the steady-state effect of having it. [....] (v) The four principles just indicated can only be applied after the fact, to trace the consequences of a system that has been in operation for some time." As Elster says in a note discussing Edmund Burke, Karl Popper and the French Revolution, "institutions which are viable in the large and in the long term may not be so in the small and in the short term. This is, in fact, the main objection that Tocqueville makes to...
27.06.07 | |

19 Aug

...determination, but does review to make sure that the political branch(es) actually did determine than an armed conflict exists. 2) A political determination that an armed conflict exists is not sufficient in the eyes of the judiciary, but it is given substantial weight, along with other factors, in the judiciary's independent judgment as to whether an armed conflict exists. 3) A political determination than an armed conflict exists is not authoritative in the eyes of the judiciary. The judiciary exercises completely independent judgment as to whether the relevant hostilities rise...
19.08.11 | |

29 Sep

...the workday at six. They were required to carry bricks and iron roofing sheets without gloves or other protection. The sluggish and weak were kicked and hit, and discipline was enforced by the deprivation of food. The women were excluded from the air raid shelter, which was restricted to German personnel during bombing raids. As the American troops approached in February 1945, the Krupp firm learned that the Reich had decided to exterminate the women. Krupp nevertheless shipped the women back to Auschwitz and “[w]ith the exception of a few...
29.09.07 | |

18 Jul

...a state's armed forces. (However, early U.S. commentators stated that suchindividuals may and usually should be treated as prisoners of war.) The term often used for such individuals is "fighters." The Military Commissions Act of 2009 denominates them "belligerents" to avoid modern terminology concerns over the use of "combatants." To refer to all such individuals civilians is to accept a view of the status of participants in non-international armed conflict that is not generally accepted. David Frakt John - The evidence for the CIA claim is in the article, and...
18.07.12 | |

26 Nov

means proceeding without the support of the US or Britain, or indeed inviting active hostility from these powers then so be it. Concerns about the Court’s long-term legitimacy are understandable but given that most of the world is appalled by the nature of Israel’s actions in Palestine and the impunity accorded to individual Israeli (or US, or British etc etc) political and military leaders, it is not unreasonable to suggest that long-term legitimacy could be increased by the Court seeking to prosecute those responsible. Fact of the matter is that...
26.11.12 | |

16 Mar

...migrants are often unseaworthy, and search and rescue efforts are frequently required in order to save lives. “Rescue at sea” standards are embodied in number of international instruments, but important gaps remains—particularly related to (1) where rescued migrants should be disembarked, and (2) how best to ensure the processing of asylum claims and the provision of solutions. A UNHCR-hosted experts meeting on Refugees and Asylum-seekers in Distress at Sea (held in Djibouti in 2011) supported a Model Framework for Cooperation for rescue at sea operations. The aims of the Framework...
16.03.14 | |

26 Jul

Which dilemmas and challenges are posed by the search for European values? The conference will be held at the Graduate School of Government and European Studies and the European Faculty of Law in Ljubljana Old Town on 20 and 21 November 2015. The organizers invite researchers undertaking research on the proposed topic to submit abstracts for consideration. Interested applicants should send a 250-word abstract and a CV in narrative form by 1 September 2015 to dignitas@fds.si. Authors will be notified of acceptance by 15 September 2015. If you have any...
26.07.15 | |