Search: Symposium on the Functional Approach to the Law of Occupation
03 Aug The Last Word (for now) on Targeted Killings: Rona Responds to Lewis
...Human Rights First’s position. We do not claim that the law of IAC is applicable to NIAC by analogy. We claim that the procedural protections of the law of NIAC, namely those of Common Article 3, which is explicitly applicable to NIAC, can only be understood with reference to national law that must comply with applicable human rights law. Second, what Mike suggests here is precisely what I refer to above: the mistaken analogy between detention and targeting. Now let’s return to drones. You are a political leader. Are you...07 Mar Bomb Iran? Not Yet
...attack would be dramatic. Even so, the risk of inaction is sufficiently high that we should be prepared to handle the political fallout from a U.S. attack on Iran to avoid the security risks associated with an Iranian nuclear weapon. Some of my international law colleagues may contend that a preemptive attack on Iran’s uranium enrichment facility would be a violation of international law. That is true. I will not attempt to justify such an attack by using the rubric of self-defense, because any such justification stretches the concept of...14 Apr The Non-Debate on Bolton
...Bolton's political agenda -- the same situation that occurred in Iraq, where the Bush Administration pressured the CIA and other intelligence agencies to tell it only what it wanted to hear about WMDs. Aaron Ostrovsky One thing that I couldn't help thinking as I read the Brooks piece this morning is that he seems to confuse U.S. internal and external relations. A functional "law of nations" is not going to take anything away from our constitutional rights as citizens of the United States. In fact, if anything it will protect...02 Dec Extraterritorial Application of Human Rights Treaties: An Overview
second chapter tries to clear up some of the conceptual confusion in existing case law. It examines the notion of state jurisdiction in human rights treaties, and attempts to place it within the framework of international law. Is this notion the general concept of jurisdiction one finds in public international law, which sets out limits on the prescription and enforcement of domestic law, as contemplated by the European Court in Bankovic, or is it a distinct, autonomous concept, which is a part of a self-contained human rights regime? Is it...15 Jun Why I Think the Detained ICC Personnel Are Entitled to Diplomatic Immunity
Kate Cronin-Furman Hi KJH, Taylor et al. were acting in their official capacity, so all we need to support the claim that they have immunity is evidence that act/functional immunity for international organizations exists as a matter of customary law. I would argue that it does - it seems to me that there's consensus that when you allow an international organization's employees onto your territory, an obligation exists to respect their immunities so far as is necessary for them to do their job. Thus, even though Libya's not a signatory...06 Mar Ukraine Insta-Symposium: When does the Breach of a Status of Forces Agreement amount to an Act of Aggression? The Case of Ukraine and the Black Sea Fleet SOFA
...difference to your analysis? Aurel Sari Ian, I cannot comment on the SOFA's standing in Russian or Ukrainian law, but from an international law perspective it sure is a full-blown treaty. In fact, it does not differ much from agreements adopted for similar contexts (ie stationing type SOFAs). Jordan Aurel: I agree with Harold Koh and others, and the U.S. position, that there is no gravity threshold regarding armed force that violates Article 2(4) or triggers Article 51. See footnote in the article at SSRN in the first response above....18 Jul Assessing the Fallout from the South China Sea Award
In addition to my posts here (see below), I have several pieces over the last week discussing different aspects of the South China Sea award up at various outlets across the web universe (I know, I know, I need to stop writing about this topic, but indulge me just a little longer). To briefly recap my various takes, here is a quick summary: As a legal matter, China lost every substantive issue before the South China Sea arbitral tribunal. I argued here at Lawfare that the award “dramatically widens” the...18 Mar Libya No-Fly Operation: What Comes Next?
...to protect civilians and civilian polulated areas under threat of attack ... while excluding a foreign occupation force in any form" on Libyan territory. Is a "defense of civilians" force or a "self-determination assistance" force on the ground with the consent of the new govt. in Benghazi (assume such exists and is there) a "foreign occupation" force? Seems not. Non Liquet This is exactly the question Peggy. Who doesn't think the Western powers have the ability to smash up the existing Libyan government? But then . . . what do...