This post draws on material from my current book project, the concluding chapter of which considers the legal architecture of counterterrorism in a “postwar” setting…and advances the argument that we already have largely crossed into that world.
In yesterday’s speech, … Read more »
We appreciate Jack’s quick and comprehensive clarification of his views—and of what the CGWW proposal we critiqued last night seeks to achieve. Like Jack, we want to start by emphasizing the many areas of agreement between us and CGWW … Read more »
The following is a guest post from Ryan Goodman, continuing a conversation begun yesterday in this post from Geoff Corn, Laurie Blank, Chris Jenks, and Eric Jensen.
What the Critics of the “Lesser Evil” Rule (Still) Get Wrong: A Rejoinder … Read more »
Several years ago, in a prescient op-ed in the Washington Post, our colleague John Bellinger argued that the September 2001 AUMF was an increasingly poor fit for the evolving threats facing the United States. It is a theme to which … Read more »
What is the United States actually doing so far, and what else reportedly is on the table?
1. So far we have agreed to provide airlift support to the French, on their dime. That is, France is going to pay … Read more »
The ICRC, on its blog Intercross, has responded to a pair of recent articles in Slate on weapons. It’s an interesting exchange—well worth a look.
First, Slate ran this piece by Brad Allenby and Carolyn Mattick entitled, “Why We Need … Read more »
I’m happy to report that I’ve recently completed drafting an article that has been much on my mind for the past few years. Beyond the Battlefield, Beyond al Qaeda: The Destabilizing Legal Architecture of Counterterrorism (Michigan Law Review, forthcoming 2013) … Read more »
In response to my post contending that the United States is party to an armed conflict in Yemen pitting AQAP and the government of Yemen against one another, Daphne Eviatar of Human Rights First writes in to advance the argument … Read more »
As Ben says, there is a lot to talk about with respect to al-Aulaqi v. Panetta, a civil suit filed today by the ACLU and CCR in an attempt to obtain money damages for airstrikes conducted by the United … Read more »
Daniel Cahen, the Legal Advisor to the ICRC’s Regional Delegation for the United States and Canada, responds to my original post on Syria/LOAC with the following guest post:
The publication of an interview about Syria given by my colleague Hicham
… Read more »
Gabor Rona responds to my earlier post (and Kevin Heller’s reply) on Syria and LOAC:
1) I agree fully with Kevin. And let me know if I’ve misunderstood anyone here, but my understanding of the historic ICRC position is
… Read more »
Kevin Heller writes in with the following observation in response to my post yesterday on Syria/LOAC:
I liked your post on Syria and the ICRC, but this statement gave me pause: “The ICRC’s past and present approach to Syria, as
… Read more »
[Update: a responsive post from ICRC's Daniel Cahen is here, and ones from Kevin Heller and Gabor Rona are here and here]
Many papers and sites are today highlighting the fact that the ICRC has stated publicly that … Read more »
It is surprising to me that neither the Washington Post nor the New York Times nor the Wall Street Journal has yet to run an editorial reacting to John Brennan’s extensive and thoughtful speech on drones last week.
A senior … Read more »
Yesterday I posted a lengthy response to Gabor Rona’s critique of the Brennan speech, and Gabor has now replied to my comments. Alas, we seem to be speaking past one another in various ways (for example, I critiqued what I … Read more »
Very glad to have joined the Lawfare team. I look forward to more sustained blogging once the spring grading season is over. For now, I’ll offer just a quick thought on the speech John Brennan delivered yesterday, and on the … Read more »
John Brennan’s speech yesterday was important for at least three reasons: (1) it marked the first official White House acknowledgment that “the United States Government conducts targeted strikes against specific al-Qa’ida terrorists, sometimes using remotely piloted aircraft, often referred to … Read more »
THE WHITE HOUSE
Office of the Press Secretary
EMBARGOED UNTIL DELIVERY
April 30, 2012
Remarks of John O. Brennan – As Prepared for Delivery
Assistant to the President for Homeland Security and Counterterrorism
Woodrow Wilson International Center for … Read more »
Last October, I wrote an op-ed in the Washington Post entitled “Will Drone Strikes Become Obama’s Guantanamo?” in which I said that “the administration needs to work harder to explain and defend its use of drones as lawful … Read more »
In the ongoing debate over the use of lethal force against persons located outside Afghanistan, the suggestion is often made (both by supporters and critics of US government policies) that Afghanistan is a “hot battlefield” whereas places like Yemen are … Read more »
[Note: a reader responded that I missed the point that an important point about the underlying BIJ report, one that puts the "A Question of Legality" component of the report in a different light. Specifically, the reader emphasizes that the … Read more »
Drone strikes in Yemen raise important questions regarding the field of application of International Humanitarian Law (IHL), the extraterritorial applicability of International Human Rights Law (IHRL), and the proper approach to norm reconciliation should both IHL and IHRL apply simultaneously. … Read more »