In association with the International Commission of Jurists

National Security Law

09 Apr

A federal district court in Texas has held that the Alien Tort Statute ("ATS") requires allegations of intent to violate international law. The mere knowledge that such violation was occurring, or would occur, is insufficient to support a claim under the ATS. The complaint in Abecassis v. Wyatt alleges that various corporations and individuals purchased oil from Iraq and made...

|
08 Apr

Putting aside events in Kyrgyzstan (which certainly bear close watching), the day's big news for international lawyers was President Obama and Russian President Dmitri A. Medvedev signing two related international agreements on the reduction of nuclear armaments. The State Department has posted the originals of this new START treaty here (see here for the longer, more detailed Protocol to that...

|
07 Apr

As the Washington Post notes, the Obama administration has authorized the CIA to assassinate Aulaqi wherever he is found.  It is very unlikely that CIA agents qualify as lawful combatants -- they don't distinguish themselves from the civilian population, they don't carry their arms openly, etc.  So, let's assume that CIA agents manage to kill Aulaqi in Afghanistan.  I assume...

|
06 Apr

I figure it's never too late to catch up on some of last week's April 1 reporting.  The Harvard Law Record got a great "scoop" with this story: Speaking to a lunch seminar held by the National Security Law Association, Senator James Inhofe of Oklahoma, a member of the Senate Foreign Relations Committee, was shocked to discover that the term “self-executing”...

|
06 Apr

So, it turns out that the US military was lying through its teeth when it claimed that the three Afghan women murdered during a "bungled" Special Operations attack in Afghanistan six weeks ago were not killed by NATO -- read: American -- forces: NATO military officials had already admitted killing two innocent civilians — a district prosecutor and local police...

|
03 Apr

I love Foreign Policy's blog, Passport.  Along with Democracy Arsenal, it's one of the two best blogs for analysis of (duh) US foreign policy.  Which is why I was shocked to read a recent post by Andrew Swift entitled "Is Karl Rove a War Criminal?", because Swift's analysis would make a first-year law student blush in embarrassment.  Here is how...

|
01 Apr

Interesting discussion of innovative ways to deal with Haiti's long-term problems.  Haiti is very close to a failed state. So it's time to think big. Here are four out of the box choices:  1) A New Haitian Constitution; 2) UN Trusteeship; 3) U.S. Protectorate; 4) U.S. annexation and status as a territory.  Read the whole article. I actually think that...

|
29 Mar

A quick note for interested readers -- the Texas Law Review has just published my latest article, Unpacking the Compact Clause.  They've posted a copy of it here as well.  My own abstract of the piece follows.  The Compact Clause prohibits U.S. states from making “any Agreement or Compact with another State, or with a foreign Power” absent congressional consent. No one, however, has ever...

|
29 Mar

Fascinating inside baseball piece on the Obama Administration's internal debate over war on terrorism policy. It features a struggle between the State Department (Harold Koh) and the Defense Department (Jeh Johnson) with the OLC (David Barron) playing referee. The rift has been most pronounced between top lawyers in the State Department and the Pentagon, though it has also involved conflicts among career...

|
27 Mar

The full text of U.S. State Department Legal Adviser Harold Koh's speech at ASIL can be found here.  Ken has already praised it, Kevin (along with Marko Milanovic) have rejected it, and others are staying neutral or reserving judgment. Here is what I took away from the speech:  The Obama Administration has now embraced the Bush Administration's position that the U.S....

|