General

President Obama's decision to seek authorization for military intervention in Syria is a watershed in the modern history of war powers. At no point in the last half century at least has a president requested advance congressional authorization for anything less than the full-scale use of force. Foreign Policy's David Rothkopf gets it exactly right: Whatever happens with regard to Syria, the...

This week on Opinio Juris, the possible intervention in Syria  took centre stage. Julian rounded up statements by the UK, Russia and France on the legality of a military intervention without UN authorization, and declared that the doctrine of humanitarian intervention suffered a massive blow when the UK House of Commons rejected a resolution on military strikes. Deborah discussed why the...

[Travel and other expenses related to my participation in the "100 Years Peace Palace" program provided by the Government of the Netherlands and Radio Netherlands Worldwide.] Finishing up my week of meetings and interviews related to international legal institutions at the Peace Palace and the Hague more generally, I will be meeting tomorrow with President Sang-Hyun Song of the International Criminal...

The UK has put a proposed resolution before the Security Council on Syria calling for military action to protect civilians, perhaps delaying US action. China has also called for restraint and calm in the situation, saying any intervention in the region would only make the turmoil worse.   Human Rights Watch has a statement on possible intervention in Syria calling on all...

There are growing signs of opposition in the U.S. Congress to the Obama Administration's plans to strike Syria. Over 116 Congressmen (98 Republicans, 18 Democrats) signed a letter rejecting the administration's (Harold Koh) interpretation of the War Powers Act in the Libya case, and demanding that the President seek Congress's authorization for any strike. Here is a link to the...

Just a note to highlight OJ's Twitter feed, which you can find here.  We link to posts on the blog, but there's added content in the form of pointers to other items that might be of interest to OJ readers. For those of you that haven't taken up the habit, some serious material is floating around the Twitterverse at the same time...

On the day we mark 100 years of the Peace Palace in The Hague, the US and its allies are readying for a military intervention in Syria with Australia saying it would back military action, even without a Security Council resolution. Action may come within days. China's top paper accused the US of wanting regime change in Syria and likened any military...

Heading the news today is the escalating rhetoric about the planning of a military intervention in Syria, some reporting in the same vein as the 1999 NATO Kosovo bombing campaign, as the US points its finger at the Syrian government for the recent chemical weapons attack (official remarks here). Julian discussed legality of an intervention without Security Council approval. After UN...

UN inspectors will be allowed into the Damascus suburb to investigate an alleged chemical weapon attack that killed approximately 355 civilians last week. Julian mentioned that the US may be looking into military intervention into Syria, a move that Russia is concerned about, warning the US not to repeat past mistakes in the region. Despite Russia's pleas for restraint, in Jordan,...

This week on Opinio Juris, Harold Koh, Bill Dodge and Hannah Buxbaum wrote an obituary for Professor Detlev Vagts, who passed away on August 20. As part of our ongoing Emerging Voices symposium, Peter Stockburger provocatively asked whether the R2P doctrine is the greatest marketing campaign international law has ever seen? Tamsin Paige shared some of the findings of her field work on piracy enforcement in the Seychelles. Laura Salvadego discussed the obligation to protect witnesses in the fight against transnational organized crime, whereas Sven Pfeiffer examined the feasibility of an international convention to ensure cooperation in the domestic prosecution of international crimes. HJ van der Merwe discussed the transformative influence of international criminal law on domestic law, and looked at the South African experience post-Apartheid.

[Michael W. Lewis is a Professor of Law at Ohio Northern University]

Mark Bowden’s cover story in this month’s The Atlantic magazine (available here) is one of the best things I’ve seen written on drones in the past several years. The Black Hawk Down author’s descriptions and takeaways on most aspects of the drone program are consistent with my own experience in military aviation and the information I have gathered from human rights organizations, drone operators, military lawyers, senior military, and CIA personnel who have run the drone programs, as well as from senior military policy advisors who were involved in changing the way drones are used.

Perhaps most importantly, his description of the drone operator’s reaction -- one of shock and uncertainty -- to performing a specific mission clearly undermines the widely circulated but exceptionally irresponsible criticism that drones have created a “Playstation mentality” among their operators. An additional fact that the article did not include, but that has been understood (although not widely reported) for several years now, is that drone operators suffer from PTSD-like symptoms at rates similar to -- and sometimes greater than -- those experienced by combat forces on the ground. It turns out that even from 8,000 miles away, taking human life and graphically observing your handiwork is nothing like playing a video game.

Another highlight is his treatment of the question of civilian casualties.