In my essay on signature strikes, I criticize (and I'm not alone) the U.S. practice of considering military-age males in an area of known terrorist activity to be lawful targets. That signature, however, pales in comparison to the possibility that the U.S. is targeting "children with potential hostile intent," as well: The US military is facing fresh questions over its targeting policy in Afghanistan after...
A number of commentators have challenged my claim that Articles 11(2) and 12(3) of the Rome Statute would permit Palestine to accept the ICC's jurisdiction retroactively, whether as a member-state or on an ad hoc basis. Here, for example, is what my friend Jennifer Trahan wrote yesterday at IntLawGrrls: Even if an entity becomes a "state," should there be jurisdiction that...
I've been meaning to discuss the AP's recent claim that an obviously fraudulent graph provided to it by an unnamed country (almost certainly Israel) proves that Iran is trying to build a nuclear weapon. As is often the case, however, Glenn Greenwald beat me to it. If the AP were capable of shame, it would immediately retract the...
In the wake of today's long-overdue vote to upgrade Palestine to observer-state status, there seems to be persistent confusion concerning what would happen if Palestine ratified the Rome Statute. In particular, a number of commentators seem to think that it is unclear whether the ICC would have jurisdiction over crimes committed prior to Palestine's ratification. (See Colum Lynch at FP,...
The United Nations General Assembly is set to decide Thursday whether to upgrade Palestine to "non-member state" status, on par with the Vatican. The resolution will almost certainly pass, given that more than 130 states have already recognized a Palestinian state. The interesting question is whether powerful Western states will vote in favor of the resolution. France...
[Chris Jenks is an assistant professor of law at SMU Dedman School of Law. He previously served as chief of the US Army’s international law branch where his responsibilities included foreign criminal jurisdiction (FCJ) over US service members.] The U.S. and Afghanistan recently initiated formal discussions concerning the continued presence of U.S. troops in Afghanistan after 2014, when Afghanistan is expected...
I have been having an interesting twitter exchange with Ben Wittes about an online "Choose Your Own Adventure" game created by the Truman National Security Project. The game, which is entitled "Tell Me How This Ends," asks you to decide how the President of the United States should respond to news that Iran has accumulated enough enriched uranium to build...
I blogged late last year about the UK Court of Appeal's judgment in Secretary of State for Foreign and Commonwealth Affairs v. Rahmatullah, which implicitly repudiated a little-known OLC memo written by Jack Goldsmith that concluded “operatives of international terrorist organizations” are not “protected persons” for purposes of Article 49 of the Fourth Geneva Convention -- a provision that prohibits...
The article, which is available in draft form on SSRN, is entitled "'One Hell of a Killing Machine': Signature Strikes and International Law." It is forthcoming in the Journal of International Criminal Justice as part of a mini-symposium on targeted killing edited by Cornell's Jens Ohlin. Here is the abstract: The vast majority of drone attacks conducted by the U.S. have...
Julian beat me to discussing Romney's statement last night that, if elected, he would “make sure that Ahmadinejad is indicted under the Genocide Convention. His words amount to genocide incitation" (what we ICL scholars call "direct and public incitement to genocide"). I disagree with Julian, however, that Ahmadinejad could not be prosecuted in the United States. Pursuant to the Genocide...
I've long wondered whether and when the American Law Institute (ALI) might try to update its 3rd Restatement on the Foreign Relations Law of the United States. Since its 1987 publication, the two-volume set, culled together under the leadership of Professor Lou Henkin, has had a tremendous impact. It has been a frequent resource for U.S. courts and American international...
Kevin and I have still never met in person, but we've already had our first twitter encounter last week on the legality of a U.S. military response to the attacks that killed the U.S. Ambassador in Libya (as well as three other Americans). Although the news reports on the attacks are not exactly clear, some have suggested that there is...
