The Texas International Law Journal has published its mini-symposium on Karl Chang's article that argues the law of neutrality provides the applicable legal framework for the United States' conflict with al-Qaeda. There are two responses to the article: one by Rebecca Ingber, who is currently a fellow at Columbia Law School; and one by me. Here is the abstract of...
[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] There was, of course, a great deal of international opinion offered concering the legality of the Israeli strike on the Osirak reactor in 1981. But...
Dawood Ismail Ahmed, a Pakistani lawyer and JSD candidate at the University of Chicago, has a very interesting article today at Foreign Policy on Pakistan's opposition to drone strikes. He argues that if Pakistan really wants to put an end to the strikes, which have killed hundreds of innocent Pakistani civilians, it needs to start taking advantage of its options...
Lawfare has published a very interesting guest post by Haridimos Thravalos on whether conspiracy is a war crime. The whole thing is worth a read; here is the intro: In June 2006, the U.S. Supreme Court struck down President George W. Bush’s use of military commissions to try suspected members of al-Qaeda in Hamdan v. Rumsfeld, 548 U.S. 557...
Jack Goldsmith has an editorial today at Foreign Policy defending the legality of drone strikes. Readers will not be surprised to learn I disagree with his assessment, but exploring our differences is not the point of this post. Instead, I want to acknowledge the precision with which he describes the "unwilling or unable" test for self-defense against a...
I'll have much to say about various legal aspects of the Lubanga judgment in the days to come, but I wanted to start by discussing the relatively narrow -- though critically important -- point that Jens addressed in his post: the dispute between the majority and Judge Fulford concerning the correct interpretation of co-perpetration in Article 25(3)(a) of the Rome...
I am glad that there is very little distance between me and Professor Ku. We both agree that legal theory does not have to be predictive to be successful. In this regard, Professor Ku finds my theory compelling “as a matter of politics and policy.” Professor Ku implies, however, that may have set too low a bar in attempting...
Professor Ku’s review of When International Law Works is most insightful. I thank him for it. His “short bloggish description” of its thesis is as clear a summary of my book as I’ve been able to muster in two sentences. I confess I will probably appropriate it when I present the book at Temple Law School later this week. Professor...
In a previous post, I noted that Peter Berkowitz defended the legality of a U.S. or Israeli attack on Iran's non-existent nuclear weapons program by invoking U.S. practice -- and only U.S. practice. He now has offered another defense of such an attack in response to an editorial by Bruce Ackerman in the L.A Times. Unfortunately, Berkowitz's second article is...
Scott Peterson has a fantastic timeline at the Christian Science Monitor that catalogs all the times Western countries have predicted Iran's imminent entry into the nuclear club. Some highlights: 1984: Soon after West German engineers visit the unfinished Bushehr nuclear reactor, Jane's Defence Weekly quotes West German intelligence sources saying that Iran's production of a bomb "is entering its...
I am teaching IHL in Jericho this week, so I don't have as much time as I'd like to weigh in on the increasingly surreal debate over whether the right of self-defense in Article 51 of the UN Charter permits the U.S. or Israel to attack a country that does not have nuclear weapons, could not build a nuclear weapon...
I leave it to Ken and others to weigh in on US Attorney General Holder's speech today at Northwestern. I did want to point out one early reaction from Professor Mary Ellen O'Connell of Notre Dame, who didn't exactly pull punches in her assessment of the Obama Administration's legal arguments. University of Notre Dame international law expert Mary Ellen O'Connell also...
