The D.C. Circuit held this week that torture by non-state actors was not actionable under the Alien Tort Statute. The case, Ali Shafi v. Palestinian Authority, arose from the alleged torture in the West Bank by the Palestinian Authority and the PLO of a Palestinian national who was an Israeli spy. The Shafis argue that “the [Palestinian Authority's] conduct...
Here is the Administration's legal analysis (in full) of why the 60/90-day clock of the War Powers Resolution doesn't apply to the continuing Libya operation: The President is of the view that the current U.S. military operations in Libya are consistent with the War Powers Resolution and do not under that law require further congressional authorization, because U.S. military operations are...
Here's the text of the resolution passed in the House this afternoon on Libya, as introduced by Speaker Boehner. It's not insignificant, as an institutional pronouncement, even though it's non-binding. It amounts to a kind of soft law. The resolution provides that "the President shall not deploy, establish, or maintain the presence of units and members of the United...
In Serbia, not surprisingly: Ratko Mladic, the Bosnian Serb general accused of overseeing the worst massacre in Europe since the end of World War II, has been arrested, Serbian authorities said Thursday. Mladic is Europe's most wanted war crimes suspect for his alleged role in the 1995 slaughter of 8,000 Bosnian Muslim men and boys in the enclave of Srebrenica,...
This according to the New York Times: The charges — brought by prosecutors Mr. Mubarak had appointed — included hints that former subordinates might testify against him, as onetime allies and government insiders turn on one another. A Cairo criminal court is expected to set a trial date within days, and the Egyptian people could soon see the leader...
In his post below, Harold Koh continually refers to the existence of an "armed conflict" between the U.S. and al Qaeda. Koh does not specify what kind of armed conflict the U.S. believes exists, but he references Common Article 3 in the detention section of the ASIL speech that he quotes, indicating that the U.S. believes it is in a...
[Harold Hongju Koh is the Legal Adviser, U.S. Department of State.] I write in response to those who have raised questions regarding the lawfulness of the recent United States operation against Al Qaeda leader Osama bin Laden. United States officials have recounted the facts of that well-publicized incident, most recently in the interview of President Obama on CBS News 60 Minutes...
As discussions over the legality of the May 1 killing of Osama Bin Laden by U.S. forces heated up and international law and law of war experts provided a range of potential arguments for and against the lawfulness of U.S. action, we thought it would help public discussion to present the official U.S. position on the legal dimensions of the...
Mark Kersten has a useful post today at his excellent Justice in Conflict blog about what will happen once the OTP announces the results of its investigation of the Libya situation. Check it out!...
Here I was, thinking that targeted killing raised complex and contestable legal issues that required painstaking analysis. Fortunately, Somin sets me straight at Volokh Conspiracy by pointing out that, as a simple matter of logic, there is no legal difference between killing Admiral Yamamoto during World War II and killing a terrorist anywhere in the world today: But most of the...
The Gottingen Journal of International Law has just made available online its new special issue that focuses on the relationship between resources and conflicts. This issuse is the result of a symposium which was held this past October. The sixteen papers are organized around the four panel themes: (a) resources before, during, and after conflicts; (b) actors of armed conflicts and international...
I hope readers have been following the backlash against CUNY's Board of Trustees for its cowardly decision not to award Tony Kushner an honorary degree from John Jay college because one trustee -- with no notice, and giving Kushner no opportunity to respond -- lied about his political beliefs and accused him of being "anti-Israel." Here is a bit of...
