General

This week on Opinio Juris, Kevin responded to Eugene Kontorovitch's post over at The Volokh Conspiracy on the comparability of Israel's settlement of the West Bank to Turkey's settlement of Northern Cyprus, by arguing that both settlements are not comparable. Eugene rebutted by advancing five reasons why Turkey's settlement is the graver violation of international law. Reflecting on Zero Dark Thirty, Deborah wrote about the responsibility of film makers for...

Opinio Juris is pleased to note official White House reaction to the petition (via the We the People White House site, an Obama administration initiative promising an official response to citizen petitions garnering 25,000 signatures within 30 days of posting) calling upon the Obama administration to “secure resources and funding, and begin construction of a Death Star by 2016.” As reported by Entertainment Weekly  (the only truly canonical outlets for this kind of news would have to be EW or Wired, Hollywood or Silicon Valley), here is the official administration response, from Paul Shawcross, Chief of the Science and Space Branch of OMB (we must assume this went through the authoritative interagency clearance process and perhaps one day might even contribute to the opinio juris of the United States for purposes of interstellar law of war on the destruction of planets):
“The Administration shares your desire for job creation and a strong national defense,” begins Shawcross, “but a Death Star isn’t on the horizon.” He cites a Lehigh University study that calculated that a Death Star would cost a deficit-exploding $852,000,000,000,000,000 (that’s $852 quadrillion), notes that “the Administration does not support blowing up planets,” and rightly points out that it would be foolhardy to build a space station “with a fundamental flaw that can be exploited by a one-man starship.” Shawcross then goes on to tout the many space endeavors, both public and private, that are currently underway. (“Even though the United States doesn’t have anything that can do the Kessel Run in less than 12 parsecs, we’ve got two spacecraft leaving the Solar System and we’re building a probe that will fly to the exterior layers of the Sun.”) He concludes by encouraging the diligent soul(s) who created the petition to pursue a career in a science, technology, or math-related field, declaring that anyone who does so embraces the power of the Force: “Remember, the Death Star’s power to destroy a planet, or even a whole star system, is insignificant next to the power of the Force.”
I've put the full text of the Obama administration response below the fold (and check out the many interesting links at the White House site, which I haven't included). It is more substantive than one might have anticipated - it discusses private space flight initiatives, the International Space Station and - naturally! - robots. Update:  Response from the Air Force General Counsel's Twitter feed (and I recommend both the Twitter feed (@AirForceGC) and blog:
Still smarting from Death Star decision, but must admit weapons review would have been a bear.
Referring to US legal requirements for a review of the legality of all weapons systems, meeting the terms of Article 36 of 1977 Additional Protocol I.

More than 100 people were killed in bombings in Pakistan yesterday, and Pakistan Human Rights Watch is sounding alarm bells about increasing Sunni-Shia violence. Tensions in Kashmir are rising with Pakistan now claiming that India has killed another of its soldiers. Three women, including a founding member of the PKK, were assassinated at the Kurdish Information Centre were they worked in Paris. The...

I'm in Tokyo for the Spring semester teaching in Temple Law's semester abroad program.  But that hasn't stopped me from watching the Supreme Court, particularly its decision on whether or not to revisit Missouri v Holland via the case of Carol Anne Bond and the question of the scope of Congress's power to implement U.S. treaty obligations (SCOTUS blog has many,...

Another day, another drone strike? Pakistani officials are reporting a second drone strike in as many days in North Waziristan, killing at least four. Ethnic violence has claimed almost twenty lives in South-East Kenya. A lavish ceremony has welcomed back the ARA Libertad to Argentina, after ITLOS ordered its release from seizure in Ghana. Syrian rebels have released 48 Iranian hostages in a...

Perhaps my favorite scene in the film Zero Dark Thirty comes relatively early on, when the two CIA interrogators around whom the early film revolves arrive at a U.S. military base in Afghanistan to interrogate their next detainees. The soldiers on the base have been keeping a cage of small monkeys (for unexplained reasons), and the scene opens with...

India has accused Pakistan of killing two of Indian soldiers in the disputed region of Kashmir, but Pakistan has denied any involvement and its media are playing down the incident. Hugo Chavez is too ill to be sworn in for his new term as President of Venezuela, raising a whole raft of constitutional questions. A military judge hearing the case against Bradley Manning in the Wikileaks affair...

There are a variety of ways one can measure the growing importance of international law scholarship. One metric that I have never seen discussed is simple: how often has the term “international law” been used in academic scholarship? Using Westlaw’s JLR library I calculated how often “international law” was referenced from 1987 to 2011. The results...

A U.S. drone strike killed eight people in northwestern Pakistan, the latest in a series of drone attacks that come as a retired U.S. general Stanley McChrystal warns their overuse may threaten American foreign policy goals. The trial of former Croatian Serb leader Goran Hadzic resumed in The Hague on Monday. Palestinian President Mahmoud Abbas has asked that government-issued documents, such as...

[William S. Dodge is Professor of Law and Associate Dean for Research at the University of California, Hastings College of the Law. From August 2011 to July 2012, he served as Counselor on International Law to the Legal Adviser at the U.S. Department of State, where he worked on immunity matters. The views expressed here are his own and do not...

Syrian President Bashar al-Assad rejected peace talks with his enemies in a defiant speech that his opponents described as a renewed declaration of war. Foreign Affairs officials in the EU, UK and Turkey have responded sceptically and have called on Assad to step down. A U.S. drone strike killed at least 10 people suspected to be Taliban fighters in Pakistan's northern tribal areas, intelligence sources said, days...

Over the holidays here at Opinio Juris, the comments section of Kevin's post on the distinction between the legality and the morality of drone strikes was a hive of activity. The post itself was a follow-up to a first post in which Kevin applied a comparative criminal law lens to argue that under the broader understanding of intent prevailing outside...