This exchange between John Bellinger and our terrific group of guests and commenters has been so fascinating that I hesitate to intervene. But the last few posts have moved me to pose a fundamental domestic U.S. law question to John and our readers. Who has the authority to interpret or re-interpret the laws of war on behalf of...
[Opinio Juris welcomes Professor Ken Anderson as a guest respondent. Professor Anderson teaches at American University's Washington College of Law. He also is a Research Fellow at the Hoover Institution at Stanford University. He regularly blogs at his Ken Anderson's Law of War blog] I am in agreement with John’s characterization of the legal and historical-legal status of...
[Opinio Juris welcomes Professor Michael Ramsey as a guest respondent. He is a professor of law at San Diego School of Law and an expert in foreign relations law.] My thanks to Opinio Juris for setting up this fascinating exchange and for inviting me to participate, and to John Bellinger for taking time to provide such thoughtful posts. As...
John’s most recent post raises the question of the nature of the “bargain” theory, as he puts it, of the Geneva Conventions: In separating lawful and unlawful combatants, the Third Convention creates a basic bargain for those engaged in an international armed conflict. Engage lawfully in combat and, if captured, you will receive the comprehensive treatment protections of the Convention. Ignore...
In this post I would like to take issue with the suggestion that the United States invented the concept of “unlawful enemy combatants” to avoid providing protections under the Geneva Conventions to al Qaida and Taliban detainees. I frequently hear the charge in Europe and elsewhere that this term has no basis in national or international law, and I...
Let me first say thanks to all that have taken the time to respond to my first posting. I had originally planned to wait until Friday to provide a comprehensive response to the various issues raised, but I have been so impressed by the quality of the dialogue so far that I’ve decided to post this interim response...
As a regular contributor here at Opinio Juris, it’s been great having John Bellinger guest blogging with us this week and seeing the exchange of ideas prompted by his posts. In addition, I appreciate having additional guest posters such as Eric Posner and Charles Garraway take the time to engage with these complicated issues. In particular, like Peggy...
As a State Department alumn (I was a Foreign Service Officer, not a lawyer with L), I want to echo Chris’s comments below and respond to some of Eric Posner’s assertions about the role of the State Department the debate over the legal policy to take as regards the GWOT. Eric says of the State Department: The State Department’s job...
Some of the commenters have been trying to prod John Bellinger to discuss the administration’s internal arguments about the legal approach to the war on terror. Of course, he cannot comment on these matters, but we should not let that stop us from discussing them. Media reports about the debates about international law within the administration appear to reveal three...
Today I’d like to offer thoughts on a few aspects of Common Article 3 (CA3) of the Geneva Conventions. I’ve heard lots of questions and concerns about why the President wanted to define in greater detail the terms of CA3. Some say, “The military has been able to train to the standards of CA3 for years. How...
[Opinio Juris welcomes Professor Eric Posner as a guest respondent. Professor Posner is Kirkland and Ellis Professor of Law at the University of Chicago.] Thanks to Roger for asking me to write a reply to John Bellinger’s post. I’m going to ask—even though I suspect that John will decline to answer—what is at stake in this argument. The...
[Opinio Juris welcomes Professor Charles Garraway as a guest respondent. Professor Garraway is a Visiting Professor of Law at King’s College, London, an Associate Fellow at Chatham House, and a Visiting Fellow at the Human Rights Centre, University of Essex. He is a former Stockton Professor at the United States Naval War College, Newport, Rhode Island.] There is an...
