National Security Law

[John E. Noyes is the Roger J. Traynor Professor of Law at California Western School of Law.] The U.S. Senate Foreign Relations Committee is currently holding hearings on U.S. acceptance of the 1982 Convention on the Law of the Sea, as modified by the 1994 Part XI Implementation Agreement (the “LOS Convention”).  The Committee favorably reported the LOS Convention in 2004...

[Dr. James Kraska, Commander, U.S. Navy, is the Howard S. Levie Chair of Operational Law at the U.S. Naval War College].  Thanks for the opportunity to talk a bit about the major national security and strategic interests of the United States in the UN Convention on the Law of the Sea (UNCLOS). It is also a pleasure to exchange thoughts on the...

That's the question being asked this past week over at US News & World Report's Debate Club.  To answer it, US News assembled 7 experts who, with the exception of Bruce Schneier, replied in some form of the negative (see e.g. the responses of Herb Lin (no, or not yet), James Lewis (it's not workable) Sean Lawson (it would be...

Not according to John Yoo.  Believing a recent NY Times article to be accurate, Yoo criticizes the President for “personally select[ing] the targets and approv[ing] each operation” and characterizes this as “an incredible misuse of presidential time and a serious distortion of proper war management.”  Yoo more recently posited, in response to reports of al-Libi’s successful targeting, “the greater threat to...

Given my basic cynicism toward just about everything, I'm difficult to shock. But I was certainly shocked to learn that Yale University is allowing Gen. Stanley McChrystal to teach a course that enrolled students have to agree in writing not to discuss. Here is Gian Gentile, a professor at West Point, criticizing the course in The Atlantic: Enter retired...

[David Sloss is the Professor of Law and Director of the Center for Global Law and Policy at Santa Clara Law School] In Samantar v. Yousuf (2010), the Supreme Court directed lower courts to apply common law rules to resolve immunity defenses raised by individual foreign government officers, except in cases where a treaty provides the controlling rule. The Court remanded...

Earlier today, Russia called on the ICC to investigate possible war crimes committed by NATO forces during its bombing campaign in Libya: The International Criminal Court should look into all cases of NATO airstrikes in Libya that resulted in civilian deaths, the Russian Foreign Ministry said. "We welcome the decision of ICC Prosecutor Luis Moreno-Ocampo to consider alleged violations of international humanitarian...

This is the third day in our discussion of Professor Dickinson’s book Outsourcing War and Peace: Preserving Public Values in a World of Privatized Foreign Affairs. Links to the related posts can be found below. Following-up on my earlier post on the difficulty of changing contracting practices by executive agencies, I thought I’d highlight a few quotes from a January 2011...