Following up on my previous post, Obama has announced that he will not release photos of Usama bin Laden's body: It is important to make sure that very graphic photos of somebody who was shot in the head are not floating around as an incitement to additional violence or as a propaganda tool," said the president. "We don't trot...
His name? John Ashcroft. Yep, that John Ashcroft: The consortium in charge of restructuring the world’s most infamous private-security firm just added a new chief in charge of keeping the company on the straight and narrow. Yes, John Ashcroft, the former U.S. attorney general, is now an “independent director” of Xe Services, formerly known as Blackwater. Ashcroft will...
A number of students and colleagues have asked me if I believe that Usama bin Laden's killing was legal. I'm swamped with teaching and writing responsibilities, so my ability to blog is limited. But I thought I'd at least put my thoughts on record, skeletal though they may be. And I want to reply to what I think are two...
John Bellinger, former State Department Legal Adviser has posted a very short piece entitled Bin Laden Killing: The Legal Basis. Here is an excerpt: The U.S. killing of Osama bin Laden in Pakistan was lawful under both U.S. domestic law and international law...
The killing of Osama Bin Laden is no doubt a significant victory in the conflict with al Qaeda (see Michael Lewis' post here). However, contrary to Peter Bergen's assertion that "Killing bin Laden is the end of the war on terror. There is no one to replace him in Al Qaeda. Bin Laden was the guy who fought against...
Over at Lawfare Ben Wittes aks Will Bin Laden's Death Reignite the Interrogation Debate? I think there is little doubt that it will. Consider this recent post by Marc Thiessen over at The American Enterprise blog. Thiessen writes: "So Guantanamo detainees provided the key intelligence that allowed the CIA to track down bin Laden. But not just any Guantanamo detainees. It turns...
The media is reporting that the Obama administration is handling Usama bin Laden's remains in accordance with Islamic principles. That decision is a stark reminder of why we are so fortunate that a Republican is no longer President. When the Bush administration killed Uday and Qusay Hussein, recall, it infuriated Muslims and at least arguably violated the First Additional Protocol...
I've been on a self-imposed blogging hiatus of late due to the dual demands of serving as Temple's Associate Dean for Academic Affairs and editing the forthcoming book, The Oxford Guide to Treaties (on which I'll blog more later). But, I had to pass along the following significant and important development -- Superman is renouncing his U.S. citizenship. Here's the scoop...
As readers will recall, I wrote a short response to Gabriella Blum's wonderful essay on IHL and common-but-differentiated responsibilities for our inaugural Opinio Juris-Harvard International Law Journal symposium. HILJ has now published my much longer formal response. Here is an overview, from my introduction: Blum’s normative analysis of the desirability of CDRs in IHL is exceptionally...
The following is a guest post by Anna Dolidze, a JSD candidate at Cornell Law School. In 2007-08, Dolidze was an Albert Podell Global Scholar at Risk at New York University Law School and a Visiting Fellow at Columbia University’s Harriman Institute. She has worked for a number of international organizations, including for Save...
This time concerning the Goldstone Report and whether Israel intentionally targeted civilians during Operation Cast Lead as a matter of policy. You know a post is in trouble when it's entitled "Human Rights Watch Lies re: Goldstone Retraction," but then states, three paragraphs later, "Well, maybe lying isn’t quite right. Roth chose his words carefully, and I suppose...
The Kenyan government has filed a 30-page motion with the ICC's Pre-Trial Chamber II arguing that recent improvements to the Kenyan criminal-justice system render the cases against the Ocampo Six inadmissible. Here are the highlights of the reforms, from the motion's introduction (para. 2): 2. The Government's Application must be determined with a full understanding of the fundamental and far-reaching constitutional...
