In association with the International Commission of Jurists

National Security Law

25 Jul

Well, that's exactly what the Obama Administration did this past Wednesday.  Secretary of State Hillary Clinton signed the 1976 ASEAN Treaty of Amity and Cooperation (TAC) on behalf of the United States with the intention that her signature serve as the requisite act of accession, bringing the treaty immediately into force for the United States.  Now, the treaty does not commit the United States...

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21 Jul

My thanks to Deb for her post on the Preliminary Report.  I won't rehash what she said; I just wanted to offer a few thoughts on the military commissions and the detention policy.  First, I think it is interesting that the Obama administration seems to be conceding that "material support for terrorism" is not a violation of the laws of...

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14 Jul

I see that I'm quoted by Mark Mazzetti and Scott Shane in their New York Times article today, "CIA Had Plan to Assassinate Qaeda Leaders" (July 13, 2009). I'm trying hard to maintain radio silence and not blog, in order to let my shoulder heal up, but let me say something briefly about this. First, I'm delighted, of course, that...

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14 Jul

Marc Lynch at Foreign Policy.com has written one of the best blog posts I have read in a long time: Jay-Z vs the Game: Lessons for the American Primacy Debate.  Lynch combines a music obsessive's knowledge of rap with an international relations scholar's understanding of power politics. This is a story of rising challengers, sneak attacks, structural power, transition narratives,...

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12 Jul

This according to Newsweek: Holder, 58, may be on the verge of asserting his independence in a profound way. Four knowledgeable sources tell NEWSWEEK that he is now leaning toward appointing a prosecutor to investigate the Bush administration's brutal interrogation practices, something the president has been reluctant to do. While no final decision has been made, an announcement could come in...

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11 Jul

Yesterday the Obama Administration released the report of the Intelligence Community Inspectors General. It is an important and interesting story about the Bush Administration's Presidential Surveillance Program (PSP). Jack Balkin has more here and here and Andy McCarthy here. The most gripping story in the report is the fight between the White House and the Department of...

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11 Jul

PBS will be airing an important documentary about the ICC, The Reckoning, on July 14.  Here is PBS's description of the film, which is directed by Pamela Yates, who received a Guggenheim Fellowship in 2008: Over 120 countries have united to form the International Criminal Court (ICC) — the first permanent court created to prosecute perpetrators, no matter how powerful, of...

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09 Jul

First of all, welcome back!  I always enjoy your contributions to OJ (and your scholarship generally), even when I disagree with you.  So I hope you won't think me too ungracious a host if I raise some (pointed) questions about your most recent post.  I would be genuinely curious to hear your responses. I am, as I have pointed out ad...

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07 Jul

As widely reported, in Moscow yesterday President Obama and Russian President Medvedev signed a Joint Understanding for the Start Follow-on Treaty. Here's how the White House fact sheet describes it: On April 1, Presidents Obama and Medvedev agreed in London that America and Russian negotiators would begin work on a new, comprehensive, legally binding agreement on reducing and limiting strategic offensive...

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06 Jul

The National Research Council of the National Academies has just about finalized a lengthy report on cyberattacks--Technology, Policy, Law, and Ethics Regarding U.S. Acquisition and Use of Cyberattack Capabilities.  William A. Owens, Kenneth W. Dam, and Herbert S. Lin edited the study on behalf of a 14 member committee and a 5 member staff.  It should be available in hard...

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