Yesterday, Harold Koh, the Legal Adviser of the U.S. State Department, spoke at the U.S. Cyber Command Inter-Agency Legal Conference on the applicability of international law to cyberspace and, particularly, cyberwar/ cyberconflict. For a couple of takes on the speech, see the Washington Post here and Defense News, here. In our ongoing efforts to make full-text presentations of international...
Amidst the memorials to 9/11 yesterday came more tragic news with mob attacks on the U.S. embassy in Cairo and the consulate in Benghazi, including the deaths of U.S. Ambassador J. Christopher Stevens and three other Americans. My condolences go out to the victims' families and the U.S. Foreign Service community, the Marines who guard them, as well as the local...
Just another day in America's own gulag: A special Obama administration task force review found in 2009 that Latif, who had been held at Gitmo since early 2002 and had waged a long legal battle for his freedom, could be released, a conclusion that could only be reached by a unanimous vote of all U.S. intelligence agencies. That finding was buttressed a...
Having followed the terrorism litigation against Iran for years, I was fascinated to read of the recent legislation—Section 502 of the Iran Threat Reduction and Syria Human Rights--that creates a legislative fix for victims of one particular group of terrorist victims but not thousands of others. The law in question grants plaintiffs/judgment creditors in one and only one case—Peterson...
A recent post at Mother Jones mentions my view of UBL's killing and provides Ken's brief thoughts on his death: Kenneth Anderson, a law professor at American University Washington School of Law, disagrees. "Being wounded does not necessarily render one hors de combat; hors de combat means they’re not actually posing a threat to you," Anderson says, citing moments where wounded...
Of the 1500+ posts I've written for Opinio Juris over the past seven years, none angered my fellow progressives more than the post in which I claimed that the killing of Usama bin Laden was perfectly legal under international law. Here is what I wrote: To begin with, I think the applicable legal regime is international humanitarian law (IHL), not international...
Mark Klamberg, who is a lecturer in public international law at the University of Stockholm, has a detailed post on his personal blog about the likelihood -- or unlikelihood, to be more precise -- that Sweden would extradite Julian Assange to the United States. He has kindly given me permission to reprint a significant portion of it (I've made minor...
I have just uploaded a new essay to SSRN, entitled "The International Commission of Inquiry on Libya: A Critical Analysis." The essay is a chapter of a book on international commissions of inquiry that is being edited by the LSE's Jens Meierhenrich. Here is the introduction: This chapter provides a critical assessment of the International Commission of Inquiry on Libya, established...
Not likely it seems. The tragic shootings in Aurora, Colorado may be responsible for moving President Obama to talk about gun control as he did yesterday in New Orleans, despite a noticeable earlier reticence to engage that topic. But that speech was clearly aimed at a domestic audience, emphasizing a need for improved domestic regulations and responses to gun violence....
Although clearly a step up from its genocidal predecessor, Kagame's government in Rwanda is anything but progressive. According to the State Department, the government is responsible for -- inter alia -- illegal detention, torture, enforced disappearance, attempted assassinations of political opponents, restrictions on the freedom of speech and press, violence toward journalists and human rights advocates, discrimination against women/children/gays and...
I want to call readers' attention to David Frakt's excellent essay on direct participation in hostilities as a war crime. Here is the abstract: This article addresses, in part, the question of what to do with civilian direct participants in hostilities who are not killed by opposing armed forces, but are captured. Specifically, the article address the potential criminal prosecution of...
Two quick research-related items. First, I'm pleased to report that the 2011 Digest of United States Practice is now available on the State Department website. Here's the description from today's press release: The digest provides the public with a record of the views and practice of the Government of the United States in public and private international law. The official edition...
