Skip to content

Category Archives: International Law: LOAC: Distinction

“Carrying Arms Openly,” Drones, and Covert Action

By
Wednesday, April 3, 2013 at 12:31 AM

Jens David Ohlin (Cornell) has an interesting post up at LieberCode in which he discusses a range of LOAC issues raised by CIA involvement in drone strikes.  Jens raises the question whether CIA personnel involved in drone strikes can qualify … Read more »

Guest Post from the ICRC’s Daniel Cahen Responding to My Post on Syria/LOAC

By
Tuesday, July 17, 2012 at 11:28 AM

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 »

Rona Responds to My Post on Syria and LOAC

By
Tuesday, July 17, 2012 at 10:52 AM

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 »

Heller Responds to My Post on Syria and LOAC

By
Monday, July 16, 2012 at 10:18 AM

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 »

The War in Syria and LOAC: Some Key Issues

By
Sunday, July 15, 2012 at 4:42 PM

[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 »

Not Joining the Issues

By
Thursday, May 3, 2012 at 4:52 PM

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 »

Thoughts on the Brennan Speech : Scope of the AUMF, CCF, JSOC, and Other Issues

By
Wednesday, May 2, 2012 at 1:28 PM

Over at Opinio Juris, Gabor Rona of Human Rights First offers an extended critique of John Brennan’s speech on the use of lethal force.  It is an interesting and provocative post, leading me to share a few thoughts in response.… Read more »

Greetings, and a Quick Thought on Brennan’s Speech

By
Tuesday, May 1, 2012 at 2:23 PM

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 and the ACLU FOIA Cases

By
Tuesday, May 1, 2012 at 11:12 AM

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 »

Text of John Brennan’s Speech on Drone Strikes Today at the Wilson Center

By
Monday, April 30, 2012 at 12:50 PM

 

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 »

John Brennan’s Speech

By
Monday, April 30, 2012 at 12:46 PM

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 »

Ohlin on Variation in the Meaning of Intent in Connection with IHL and the ICC

By
Wednesday, February 8, 2012 at 11:28 PM

Further to the prior exchange between myself and Kevin Jon Heller regarding allegations of drone strikes targeting persons in the context of funerals or post-strike rescue activity, Jens David Ohlin has this very enlightening post on the potential gap between … Read more »

Proportionality and Distinction When Collateral Damage Is a Certainty

By
Tuesday, February 7, 2012 at 10:25 AM

Over at Opinio Juris, Kevin Jon Heller responds to my earlier post regarding the BIJ report on drone strikes in Pakistan, and in doing so draws attention to a very interesting question.  [Update: see Dapo Akande's follow-up post here]Read more »

Amicus Brief Challenging the ICTY’s Ruling on Distinction in Gotovina

By
Sunday, January 29, 2012 at 4:33 PM

[The following guest post, from Geoff Corn (South Texas College of Law), extends the discussion of the Gotovina decision from Laurie Blanks's guest post yesterday]

      On April 15, 2011, the International Criminal Tribunal for the Former Yugoslavia issued its

Read more »

On Determining Whether Artillery Fire Was Directed at Civilians Purposefully: Criticism of the ICTY’s Gotovina Decision

By
Friday, January 27, 2012 at 6:55 PM

[This is the first of two posts concerning the ICTY's Gotovina decision (the ICTY summary of which appears here, and two volumes of trial documents are available here]

Professor Laurie Blank, Director of the International Humanitarian Law Clinic … Read more »