Roger, I was thinking about your post below on the Iran elections, and your comment on the 1981 Algiers Accords, which provide that "it is and from now on will be the policy of the United States not to intervene, directly or indirectly, politically or militarily, in Iran’s internal affairs." Failure to comply, you note in your post, could result in a...
I'm delighted that Amos is guest-blogging with OJ this week, and I've read with great interest his posts - as well as his scholarship and policy writing - on administrative detention and related topics. I have always wanted to ask the following, without a lot of knowledge, as I've never been to Israel and have only reading knowledge both of...
Senator John Cornyn (R-Texas) has recently begun a series of "daily questions" for Supreme Court nominee Judge Sotomayor. The Friday, June 12 question is about interpretation of the US constitution and foreign and international law in relation thereto. One thing that can safely be taken away from the last three Supreme Court confirmation processes is that this issue is here...
I am briefly interrupting the erudite VJIL symposium to note that a task force announced by the administration to discuss and come up with ideas on how to address detention, Guantanamo, etc., is meeting today in DC. I am unable to make it today, but supplied a number of comments via Ben Wittes, and I send it all good wishes...
In various posts on OJ about Predator drones, targeted killing, and such topics, I've made reference to a book chapter I've been drafting for Benjamin Wittes's forthcoming edited volume of policy essays, Legislating the War on Terror: An Agenda for Reform (Brookings Institution Press 2009). I'm pleased to say that my chapter, Targeted Killing in US Counterterrorism Strategy and Law,...
I am not actually going to try and answer that question, but leave it to you. However, I did not want to let the occasion go by without marking it. The day it happened in 1989, I was actually at a human rights retreat organized by Henry Steiner and Philip Alston, a remarkable private meeting of human rights organizations, from...
I'm on the fly, but quickly wanted to post this update to my earlier posts on targeted killings and Predator strikes. The UN Special Rapporteur on extrajudicial execution, Philip Alston, has called for an investigation into US Predator drone attacks. Here is a quick news story on it. I think the press account somewhat overstates matters - I would characterize...
Via Larry Solum and the indispensable Legal Theory Blog, I draw your attention to this sure-to-be controversial and provocative new article by Michael Stokes Paulsen, The Constitutional Power to Interpret International Law (Yale Law Journal 2009). Here is the SSRN abstract: What is the force of international law as a matter of U.S. law: 'Who determines that force' This Essay maintains...
I wanted to let OJ readers know that I will also be blogging over at Volokh Conspiracy, where Senior Conspirator Eugene Volokh has been kind enough to extend me an invitation. My reason for putting this up here is not so much to announce that, but instead to say that I am not going anywhere from OJ. I...
Karen DeYoung has a very interesting account of the on-going Predator drone campaign in Pakistan, on the front page of the Monday, June 1, 2009 Washington Post, "Al Qaeda Seen as Shaken in Pakistan." The story is sourced to US intelligence and military officials, as well as some Pakistani officials, and recounts how the Pakistani army's campaign to retake the Swat...
Jack Goldsmith observes in a Washington Post op-ed that when one avenue of national security closes, another is opened up, sometimes with worse collateral consequences for third parties. As he says: Demands to raise legal standards for terrorist suspects in one arena often lead to compensating tactics in another arena that leave suspects (and, sometimes, innocent civilians) worse off. I think this...
Eugene Kontorovich, well known to OJ readers for his work on piracy and universal jurisdiction (both separately and together), has a very interesting post partly responding to discussion here at OJ on universal jurisdiction and proposed legislation on Spain on universal jurisdiction. It is up over at Prawfsblawg and is a fun, quick read. Also, here is Eric Posner's comment,...
