In association with the International Commission of Jurists

Recent Posts

02 Sep

[Charles Kels is a major in the U.S. Air Force Reserve and an attorney for the Department of Homeland Security. His views do not reflect those of the Department of Homeland Security, Air Force or Defense.] From a U.S. perspective, the core issue with a Syrian intervention is the interplay between international and constitutional law. Specifically, to what extent does satisfying...

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02 Sep

Just as Syria has been our main focus the last few days with our Insta-Symposium, there has been a lot written elsewhere on the developing situation. Just a sampling of a couple other articles of note: one from William Schabas on intervention as aggression and one from Charli Carpenter urging us not to use the term "humanitarian" for this intervention....

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01 Sep

Doesn't sound like it, if you read between the lines of this AP account. Until Friday, everyone was assuming that congressional pre-clearance was not constitutionally required or otherwise warranted. Obama's national security team was in agreement that while consulting with Congress was critical, there was no need for formal approval, officials said. Seeking a vote in Congress to authorize a strike...

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01 Sep

As an adherent of the view that the Constitution requires congressional approval before the President can use military force (other than in certain circumstances of national self defense), I think the President’s decision to seek authorization from Congress was legally required. While Marty is right that presidential practice has at times been otherwise, I don’t think that practice should...

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01 Sep

[Marty Lederman is a Professor at Georgetown Law School and former Deputy Assistant Attorney General in the Department of Justice's Office of Legal Counsel from 2009 to 2010, and an Attorney Advisor in OLC from 1994-2002. This is the second part of a two-part posting.] In my previous post, I explained that the difficult and unresolved constitutional question has (thankfully) been avoided—at...

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01 Sep

[Marty Lederman is a Professor at Georgetown Law School and former Deputy Assistant Attorney General in the Department of Justice's Office of Legal Counsel from 2009 to 2010, and an Attorney Advisor in OLC from 1994-2002] Most of the participants in this Insta-Symposium, and in earlier OJ posts, have understandably focused their attention on the question of whether a U.S. military strike...

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01 Sep

[André Nollkaemper is a Professor of Public International Law and Vice-Dean for Research at the Faculty of Law of the University of Amsterdam as well as the External Advisor to the Ministry of Foreign Affairs of The Netherlands. This contribution is cross-posted at the SHARES Research Project Blog.] States that have decided to potentially engage in military strikes against Syria, or to...

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01 Sep

Calls for Papers The University of Liege Law School will host Nudging Europe: What Can EU Law Learn From Behavioural Sciences? December 12-13, 2013. They have put out a call for papers for this event. Papers addressing the implications of behavioral sciences for contract law, competition law and risk regulation will be particularly welcome, but all areas of EU law are of interest. Where relevant,...

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31 Aug

President Obama's decision to seek authorization for military intervention in Syria is a watershed in the modern history of war powers. At no point in the last half century at least has a president requested advance congressional authorization for anything less than the full-scale use of force. Foreign Policy's David Rothkopf gets it exactly right: Whatever happens with regard to Syria, the...

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31 Aug

In a surprise announcement, President Obama announced today that he will seek congressional approval for his plan to launch military strikes against Syria.  This is a smart decision, both politically and legally, since it will force many of his congressional critics to reveal their preferences, and take a position on this very difficult issue.  If they approve the strike, the...

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31 Aug

[John Quigley is the President's Club Professor Emeritus of Law at Moritz College of Law, The Ohio State University] It is hard to find a basis for justifying air strikes against Syria. The British Government has said that humanitarian intervention would be a lawful basis. Prime Minister Cameron’s office says that such a doctrine exists in international law, that it has...

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31 Aug

[Ian Hurd is an Associate Professor of Political Science at Northwestern University. This contribution is cross-posted at the Ethics and International Affairs Blog.] The debate sparked by Syria’s chemical weapons attack last week includes at least three separate controversies: 1) which (if any) international legal instruments govern Syria’s use of chemical weapons; 2) whether outside military action against the Syrian regime...

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