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Category Archives: International Law: LOAC

Regulating Foreign Surveillance Through International Law

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Monday, September 8, 2014 at 1:45 PM

This Friday, the U.N. Human Rights Council will hold a session to discuss the right to privacy in the digital age. The Council is considering these issues in the wake of a General Assembly Resolution adopted in December (which affirmed that the same rights that people have offline must also be protected online) and a report . . .
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Transatlantic Dialogue on International Law and Armed Conflict: When Does LOAC Cease to Apply?

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Wednesday, September 3, 2014 at 11:17 PM

As Dapo Akande of Oxford and Tracey Begley of the ICRC explain here and here, the next few weeks will see a series of short pieces posted here at Lawfare, at EJIL:Talk! (the blog of the European Journal of International Law), and at Intercross (the blog of the ICRC) giving readers a flavor of the . . .
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U.S. Airstrikes Against ISIS in Syria? Possible International Legal Theories

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Saturday, August 23, 2014 at 3:04 PM

In the wake of Thursday’s statements by Joint Chiefs Chairman Martin Dempsey and Friday’s comments by Deputy National Security Adviser Ben Rhodes, it sounds like the U.S. Government is at least considering whether to conduct air strikes against ISIS in Syria. A decision to do so clearly is not a done deal. As the Times . . .
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Israel-Gaza and the Law of Armed Conflict: Recommended Readings

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Thursday, August 21, 2014 at 11:12 AM

A number of friends and colleagues have asked me recently for recommended readings on the law of armed conflict and Gaza. I’ve decided, therefore, to post some of my suggestions and some explanation as to why I chose them. I hope to update this compilation as I improve it and perhaps as more is written. . . .
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Air Strikes or Supply Drops in Iraq?

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Thursday, August 7, 2014 at 12:30 PM

The New York Times reports:  WASHINGTON — President Obama is considering airstrikes or airdrops of food and medicine to address a humanitarian crisis among as many as 40,000 religious minorities in Iraq who have been dying of heat and thirst on a mountaintop after death threats from the Islamic State in Iraq and Syria, administration officials said . . .
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Libya Chaos Means a Backward Step for Responsibility to Protect

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Tuesday, August 5, 2014 at 2:15 PM

Over on CNN’s Global Public Square, I’ve written about recent events in Libya – including the evacuation of American and many foreign diplomats – and what they mean for the Responsibility to Protect. The piece begins: The 2011 international coalition intervention in Libya was supposed to be a step forward for the Responsibility to Protect . . .
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Readings: Laurie Blank on Proportionality in Jus in Bello in Israel-Hamas Conflict, a Primer

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Friday, August 1, 2014 at 2:03 PM

Laurie Blank (Emory University Law School professor, director of its law of armed conflict clinic and, of course, well known to many Lawfare readers as a prominent scholar of LOAC) has an opinion column up at TheHill.com–a primer on the meaning of proportionality in the conduct of hostilities in the law of armed conflict, what it . . .
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New Edited Book on IHL in Judicial and Quasi-Judicial Tribunals

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Thursday, July 31, 2014 at 10:22 AM

Asser Press has just published a book entitled, Applying International Humanitarian Law in Judicial and Quasi-Judicial Bodies (Derek Jinks, Jackson Nyamuya Maogoto & Solon Solomon, eds.). [Disclosure: I wrote a chapter for the book.] Here’s the abstract: International humanitarian law has been perceived till now as encompassing only judicial cases concerning refugee protection or war crimes . . .
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Transatlantic Dialogue on IHL and IHRL

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Tuesday, July 15, 2014 at 4:58 PM

Hot on the heels of the transatlantic dialogue event in Germany on surveillance law and policy, about which Russ has a fascinating post here, I’m happy to report that there is a similar event taking place at Oxford this week concerning the interplay of IHL and IHRL.  The event (now in its second year) is . . .
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En Banc D.C. Circuit Opinion in Al-Bahlul

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Monday, July 14, 2014 at 10:29 AM

I am thumbing through the long-awaited and seemingly split ruling, which opens as follows: Opinion for the court filed by Circuit Judge HENDERSON. Concurring opinion filed by Circuit Judge HENDERSON. Opinion concurring in the judgment in part and dissenting filed by Circuit Judge ROGERS. Opinion concurring in the judgment in part and dissenting in part . . .
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The Drone Memo Makes It Clear: Khadr’s Conviction Lacks Legal Foundation

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Monday, July 14, 2014 at 9:15 AM

As readers of this blog will know, after the Second Circuit released a redacted copy of the OLC’s “drone memo,” those of us who represent Omar Khadr filed a motion with the U.S. Court of Military Commission Review (“CMCR”) arguing that it undermined the validity of his convictions.  In due course, the government filed its . . .
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Readings: Civilian Intelligence Agencies and the Use of Armed Drones by Ian Henderson

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Friday, June 27, 2014 at 3:00 PM

Footnote 44 of the recently released and much-discussed OLC Awlaki memorandum is heavily redacted, but what’s left reads, in part: Nor would the fact that CIA personnel would be involved in the operation itself cause the operation to violate the laws of war. It is true that CIA personnel, by virtue of their not being part of . . .
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Report of the Stimson Center Task Force on Drone Policy

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Thursday, June 26, 2014 at 3:27 PM

The Stimson Center released today the report of its Task Force on US Drone Policy.  The ten-member task force, of which I was a member, was chaired by General John Abizaid and Rosa Brooks.   The report makes eight recommendations for overhauling US drone strategy; improving oversight, accountability, transparency and clarifying the international legal framework applicable . . .
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Rescuing the Kidnapped Turks in Iraq

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Sunday, June 15, 2014 at 2:00 PM

The question on everyone’s lips is whether the United States will use force – most likely air strikes — in Iraq to help suppress the threat posed by ISIS.  Jack, Wells, and Bobby discussed here, here, and here the domestic legal basis for that use of force. The international legal basis almost certainly would be . . .
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Readings: Can Non-State Actors Mount an Armed Attack? by Kimberly N. Trapp

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Wednesday, June 11, 2014 at 3:29 PM

Among the issues separating the American understanding of international law regarding transnational non-state actor armed groups from that of the “international community” (or at least an influential and significant part of UN officialdom, international law academics, international tribunals, international human rights NGOs, and governments particularly in Europe) is whether it is even possible for a . . .
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More Willing, More Able – But No Time Soon

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Sunday, June 1, 2014 at 1:00 PM

One new policy proposal contained in the President’s West Point speech from Wednesday was a Counterterrorism Partnerships Fund, which would facilitate counterterrorism training for U.S. partner countries where terrorist groups seek footholds. But as Eric Schmitt at the Times notes, the U.S. government for years has been pursuing the strategy of helping to train up foreign . . .
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Targeting Non-Al Qaeda Members in Yemen (?): The Role of Consent

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Thursday, May 15, 2014 at 4:30 PM

The other day both Bobby here and Ryan Goodman at Just Security here picked up on news reports that DOD may be willing to provide additional military cooperation (including logistics and direct fire capabilities) to the Yemeni government. Ryan then takes the opportunity to ask: what type of force is the U.S. government undertaking in Yemen already? . . .
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Al-Nashiri, the Cole Bombing, and the Start of the Conflict with Al-Qaeda

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Tuesday, May 6, 2014 at 10:00 AM

The habeas challenge to military commissions recently filed by Abd Al Rahim Al-Nashiri is a loser on both procedure and substance.  Al-Nashiri, the alleged mastermind of the 2000 bombing of the USS Cole, argues that a federal court can, and should, enjoin his pending commission trial because the charges against him concern acts that occurred . . .
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More on the Afghan Drawdown’s Destabilizing Impact on Detention Law

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Monday, April 28, 2014 at 7:59 AM

Excellent recent posts by Ben and Marty draw attention to the impact that the drawdown in Afghanistan likely will have on GTMO habeas litigation. I agree; we will certainly see a fresh wave of litigation.  And as part of that wave, we will see the argument that the law of armed conflict no longer applies . . .
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FBI Agents Embedding with JSOC Units in Combat Zones

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Thursday, April 10, 2014 at 11:49 PM

The Washington Post has a story this evening on an often-overlooked aspect of interagency cooperation in connection with both combat operations and counterterrorism:  FBI agents deploying into the field with JSOC units. Most of the story focuses on such deployments in the context of combat zones (Iraq & Afghanistan), with an emphasis on the extent . . .
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