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,...
Last month, the Obama Administration informed the Senate of its treaty priorities via a letter from the State Department (you can access it here). The letter lists 17 treaties for which the Administration seeks Senate advice and consent "at this time," including (as predicted here and here) CTBT, CEDAW, and UNCLOS. It also lists 12 treaties "on which...
This post was written by Gabriel Swain, a Research Associate at the University of Kent's School of Social Policy, Sociology, and Social Research. I think the project's reports will be of great interest to our readers. Since its birth in the 1950s, the European Court of Human Rights (ECHR) has functioned, through implementation of the rights guaranteed by the European Convention...
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...
I want to believe in the Human Rights Council, and I hope its new members -- including the US -- will improve things. But the HRC's "response" to the conflict in Sri Lanka is simply appalling. Here are a couple of paragraphs from the resolution the Council passed praising the Sri Lankan government, which reads like something out...
Former State Department Legal Advisor John Bellinger, who is now at Arnold & Porter and also an Adjunct Senior Fellow at the Council on Foreign Relations, has an interesting op-ed in yesterday’s Wall Street Journal. The U.S. government can and should be a strong voice for redress of human-rights abuses around the world. But these lawsuits, which are being brought under...
Today's New York Times leads with the story of Pentagon plans to form a new cybercommand: The Pentagon plans to create a new military command for cyberspace, administration officials said Thursday, stepping up preparations by the armed forces to conduct both offensive and defensive computer warfare. The military command would complement a civilian effort to be announced by President Obama on...
Disclosure: I am one of Dr. Karadzic's legal associates. This post is offered with his consent. The defense team has just filed its definitive motion arguing that the Karadzic-Holbrooke cooperation agreement -- in which Holbrooke promised Dr. Karadzic that he would not be prosecuted at the ICTY if he cooperated with the international community's efforts to bring peace to the Balkans...
Because I so rarely get to blog about uplifting things, I wanted to pass along the following story, concerning a group of aboriginals who, in 1938 -- when so much of the world was silent -- protested the Nazis' treatment of the Jews during Kristallnacht: William Cooper’s name does not appear on Yad Vashem’s list of the Righteous Among the Nations,...
The Wall Street Journal had a news story yesterday, "Spain is Moving to Rein in Crusading Judges" (May 20, 2009), reporting on moves in the Spanish parliament to place stricter limits on the ability of investigating magistrates - most famously, Baltasar Garzon - to undertake sweeping investigations and indictments worldwide on the basis of universal jurisdiction: Under pressure from irate foreign...
Deniz Aydiner wins the honors for one of the dumbest murderers ever. He was indicted for aggravated murder in 2003 and while the investigation was pending he returned to Turkey. The state of Oregon subsequently indicted him and sought to impose the death penalty. But Aydiner missed his wife so much that he just had to return...
