One of my favorite issues of the New York Times Magazine is its "year in ideas" issue, which comes annually in December. Because OJ is a repository of things related to battlefield robotics and law and ethics, I wanted to flag for your attention the item by Dara Kerr, "Guilty Robots." [I]magine robots that obey injunctions like Immanuel Kant's categorical imperative...
President Obama's Nobel Prize speech yesterday made reference to the moral authority, under the ethics of the just war, for armed humanitarian intervention in some situations. It is a topic that has been debated and discussed as a matter of international law for, well, a long time, but which gained particular urgency following on Bosnia, Rwanda, and Kosovo in the...
Obama’s Nobel Lecture is a great speech. He spoke strongly in favor of international institutions and even more so international law. The great surprise of the speech is its unstinting support for just war theory. There is no doubt that Obama’s Nobel Lecture is the most hawkish one in the history of the Nobel Peace Prize. ...
The Guardian has a leaked copy of what it's calling "the Danish text" (see it here). Apparently, this draft was developed by the Danes along with other developed countries including the United States and the United Kingdom in the hope that it might become the basis for whatever instrument emerges from Copenhagen. As widely expected, the instrument is framed as a "political agreement"...
Where is the Obama administration on the Ottawa Landmines Ban Convention? After some clarifications, it appears that the US is conducting a "broad" review of antipersonnel landmine policy and the Ottawa Convention, while maintaining the previous Bush administration stance on an "interim" basis. This Reuter's story, in the Washington Post, gives some of the ins and outs. Meanwhile, the Cartagena...
The Nation has just published an extensive article documenting the "secret war" Blackwater employees have been conducting in Pakistan. The opening grafs: At a covert forward operating base run by the US Joint Special Operations Command (JSOC) in the Pakistani port city of Karachi, members of an elite division of Blackwater are at the center of a secret program in which...
When I critique the US's refusal to join the ICC in my international criminal law class, I make sure to emphasize not only that the US has traditionally played a very positive role in ICL -- from Nuremberg to the SCSL -- but also that the Rome Statute would be considerably worse but for the input of the American representatives...
One of the remarkable differences between the Obama Administration and the Bush Administration in terms of international litigation is the utter silence of this State Department in filing amicus briefs and/or statements of interest. I know that Harold Koh has only been Legal Adviser since June and Sarah Cleveland has only been Counselor on International Law since September, but...
[Major John C. Dehn is an Assistant Professor in the Department of Law, US Military Academy, West Point, NY. He currently teaches International Law and Constitutional and Military Law, and is also a former prosecutor. He is writing in his personal capacity and his views do not necessarily represent the views of the Department of Defense, the US Army, or...
As both Julian and Ken (at VC) have indicated that they believe Arar was rightly decided by the Second Circuit, it's worth noting that Guido Calabresi -- hardly a flaming liberal -- is dissenting in the case, describing the majority's decision as "extraordinary judicial activism." Scott Horton discusses Calabresi's dissent -- and notes that the majority decision is based on...
If you are going to be around the DC area this upcoming Tuesday morning, and are interested in the current discussion over the issues of the torture memos, my colleagues in the WCL program on law and government have organized a terrific program. Tuesday, November 3, 2009, at Washington College of Law: “The Torture Memos: Lawyers, Ethics, and the Rule of...
