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Category Archives: International Law: LOAC: Military Necessity

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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Corn Comments on the Costs of Shifting to a Pure Self-Defense Model

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Sunday, June 2, 2013 at 11:23 PM

The following guest post is from Professor Geoffrey Corn (South Texas College of Law), in response to a post in which I raised the possibility that, in light of the non-battlefield targeting standards articulated by the President in his NDU address and other considerations, it is no longer obvious that the armed-conflict model is serving a . . .
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The Capture-or-Kill Debate #11: Goodman Responds to Ohlin

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Wednesday, March 20, 2013 at 10:46 AM

The following guest post is the latest in a series comprising a debate as to whether LOAC requires an attempt to capture rather than a first-resort to lethal force in some circumstances.  The debate involves Professor Ryan Goodman, on one hand, and an array of posts from Professors Kevin Heller, Jens Ohlin, Geoff Corn, Laurie Blank, Chris . . .
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The Capture-or-Kill Debate #10: Goodman Responds to Heller

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Tuesday, March 12, 2013 at 1:13 PM

The following guest post is the latest in a series comprising a debate as to whether LOAC requires an attempt to capture rather than a first-resort to lethal force in some circumstances.  The debate involves Professor Ryan Goodman, on one hand, and both Professor Kevin Heller and a group consisting of Professors Geoff Corn, Laurie . . .
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Ohlin on Capture-or-Kill

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Friday, March 8, 2013 at 6:17 PM

I have been curating a running debate about whether LOAC requires an attempt to capture rather than a first-resort to lethal force in some circumstances, sparked by a paper from Professor Ryan Goodman and including responses and more from Professors Geoff Corn, Laurie Blank, Chris Jenks, Eric Jensen, and Kevin Heller.  The relevant posts to this point . . .
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The Capture-or-Kill Debate #7: Goodman Responds

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Monday, March 4, 2013 at 10:16 AM

The following guest post is the latest in a series comprising a debate as to whether LOAC requires an attempt to capture rather than a first-resort to lethal force in some circumstances.  The debate involves Professor Ryan Goodman, on one hand, and Professors Geoff Corn, Laurie Blank, Chris Jenks, and Eric Jensen writing collectively on . . .
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The Capture-vs-Kill Debate #6: Rejoinder to Goodman from Corn, Blank, Jenks, and Jensen

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Friday, March 1, 2013 at 3:36 PM

The following guest post is the latest in a series comprising a debate as to whether LOAC requires an attempt to capture rather than a first-resort to lethal force in some circumstances.  The debate involves Professor Ryan Goodman, on one hand, and Professors Geoff Corn, Laurie Blank, Chris Jenks, and Eric Jensen writing collectively on the . . .
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Goodman Responds to Corn, Blank, Jenks, and Jensen on Capture-Instead-of-Kill

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Tuesday, February 26, 2013 at 2:13 PM

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 to Corn, Blank, Jenks, and Jensen by Ryan Goodman I recently wrote that the law . . .
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Corn, Blank, Jenks, and Jensen Respond to Goodman on Capture-Instead-of-Kill

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Monday, February 25, 2013 at 4:52 PM

The following is a guest-post from Geoff Corn, Laurie Blank, Christopher Jenks, and Eric Talbot Jensen, responding to Ryan Goodman’s recent Slate article (building on his new European Journal of International Law article, which Jack noted here) in which he contends for an interpretation of LOAC that would require attempts to capture rather than kill in some circumstances. . . .
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Is It Legal For the U.S. To Use Force Against Iran?

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Friday, September 28, 2012 at 11:00 AM

My law partner (and former CIA General Counsel) Jeff Smith and I have an op-ed in today’s Washington Post  (entitled “Is It Legal to Hit Iran?” in the print edition) discussing the U.S. and international law applicable to a possible U.S. military strike against Iran. Here are excerpts: Ideally, any military strike against Iran would . . .
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Not Joining the Issues

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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 understood to be Gabor’s argument for a narrow domestic law interpretation of the AUMF as . . .
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Greetings, and a Quick Thought on Brennan’s Speech

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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 larger public outreach campaign of which it is a part. Brennan is quite right that, even before . . .
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John Brennan’s Speech and the ACLU FOIA Cases

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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 publicly as drones”; (2) it provided a robust defense not only of the legality of . . .
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Text of John Brennan’s Speech on Drone Strikes Today at the Wilson Center

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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 Scholars Washington, DC Monday, April 30, 2012 “The Ethics and Efficacy of the President’s . . .
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John Brennan’s Speech

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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 and appropriate — to allies and critics — if it wants to avoid losing international support and . . .
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