Skip to content

Category Archives: Non-International Armed Conflict

Folk Law and Obama Administration Mythology: Four Stakes

By
Sunday, October 26, 2014 at 8:00 PM

Marty Lederman and I have been engaged in a debate over the past few weeks, and last Monday he wrote a lengthy and thoughtful “Monday Reflection” over at Just Security concerning some of my arguments here at Lawfare and in my article, Folk International Law. I would like to use this post, my last in . . .
Read more »

The Convention Against Torture: Extraterritorial Application and Application to Military Operations

By
Sunday, October 26, 2014 at 10:37 AM

Belatedly, I want to join the discussion about the extraterritorial application of the Convention Against Torture (CAT), about which Jack commented on Friday, drawing on an article by Charlie Savage earlier in the week. The New York Times opined on the issue on Tuesday in one of its typically misleading, “don’t-confuse-me-with-the-facts” editorials that suggested that the . . .
Read more »

The Debate About the Extraterritorial Scope of the Torture Convention’s Provisions on Cruelty is (Almost Certainly) Not About USG Interrogation Policy

By
Friday, October 24, 2014 at 10:22 AM

A week ago Charlie Savage reported that the Obama administration “is considering reaffirming the Bush administration’s position that the [Convention Against Torture(CAT)] imposes no legal obligation on the United States to bar cruelty outside its borders.”  The provision of the Torture Convention in question is Article 16, which provides: “Each State Party shall undertake to . . .
Read more »

A Reply to Marty Lederman

By
Friday, October 3, 2014 at 7:34 AM

Marty Lederman has a thoughtful response over at Just Security to my post from yesterday. I take his argument to be the following: First, that the Presidential Policy Guidance (PPG) does not purport to represent international law, but as policy it is actually better than international law; second, that any increase from the baseline of LOAC is a . . .
Read more »

Folk International Law and Syrian Airstrikes

By
Thursday, October 2, 2014 at 7:21 AM

Earlier this year, I published an article called “Folk International Law,” in which I argued that there were many unappreciated and little understood costs to the convergence of LOAC and international human rights law. I suggested that the legal debate over targeted killing had driven US-based human rights advocates to contribute to and participate in a . . .
Read more »

Diane Webber on the ECHJ Opinion in Hassan

By
Monday, September 29, 2014 at 7:58 AM

Diane Webber, a British lawyer who recently did a lengthy study of detention law in a variety of countries, writes in with the following account of the European Court of Human Rights decision earlier this month in Hassan v. United Kingdom (ECHR Application No. 29750/09, Judgment of Grand Chamber, September 16, 2014): In an important decision this . . .
Read more »

Transatlantic Dialogue on Int’l Law and Armed Conflict: Verdirame on Theory, Human Rights, and Conflict

By
Tuesday, September 23, 2014 at 6:20 PM

The newest installment in the Transatlantic Dialogue series is now posted at ICRC’s Intercross blog. It is from Professor Guglielmo Verdirame, and it addresses the larger implications of IHRL’s expansion into the armed conflict setting, including implications for matters of theory. A preview: The relationship between theory and practice in international law eludes easy explanations. . . .
Read more »

Transatlantic Dialogue on Int’l Law and Armed Conflict: Geoff Corn on Battlefield Regulation and Crime

By
Tuesday, September 16, 2014 at 3:30 PM

Continuing our coverage of the Transatlantic Dialogue on International Law and Armed Conflict, Lawfare is pleased to publish the discussion paper for the conference that Geoff Corn (South Texas) produced on the topic of how criminal responsibility relates to battlefield regulation. Squaring the Circle: The Intersection of Battlefield Regulation and Criminal Responsibility During our conference, . . .
Read more »

Transatlantic Dialogue on Int’l Law and Armed Conflict: Lawrence Hill-Cawthorne Responds to Sarah Cleveland

By
Tuesday, September 16, 2014 at 1:49 PM

The newest installment in the Transatlantic Dialogue series (see here) has gone live at EJIL:Talk!. It is from Lawrence Hill-Cawthorne (U. of Reading), and it responds to Sarah Cleveland’s earlier post on the Project on Harmonizing Standards for Armed Conflict. A taste:

Transatlantic Dialogue on Int’l Law and Armed Conflict: Sarah Cleveland on Harmonizing Standards

By
Monday, September 8, 2014 at 11:31 PM

The newest installment in the Transatlantic Dialogue series (see here) has gone live at EJIL:Talk!. It is from Sarah Cleveland, and it explains the Project on Harmonizing Standards for Armed Conflict. A taste: One of the consequences of the non-international armed conflicts (NIACs) of recent years has been widespread recognition that the current international humanitarian . . .
Read more »

Transatlantic Dialogue on Int’l Law and Armed Conflict: Ken Watkin on the IHL/IHRL Interface

By
Friday, September 5, 2014 at 6:59 PM

The next installment in the series of posts derived from this summer’s Transatlantic Dialogue on International Law and Armed Conflict is now live at the ICRC’s Intercross blog. It is from Ken Watkin, and it concerns the overlap of IHL and IHRL. A taste: It is possible to address the perennial debate about the relationship . . .
Read more »

Transatlantic Dialogue on International Law and Armed Conflict: When Does LOAC Cease to Apply?

By
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 . . .
Read more »

New Edited Book on IHL in Judicial and Quasi-Judicial Tribunals

By
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 . . .
Read more »

Transatlantic Dialogue on IHL and IHRL

By
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 . . .
Read more »

Readings: Civilian Intelligence Agencies and the Use of Armed Drones by Ian Henderson

By
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 . . .
Read more »

Report of the Stimson Center Task Force on Drone Policy

By
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 . . .
Read more »

Targeting Non-Al Qaeda Members in Yemen (?): The Role of Consent

By
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? . . .
Read more »

The US and Human Rights: A Federalist Society Debate

By
Thursday, March 20, 2014 at 7:36 PM

Criticizing the US stance on human rights treaties is practically an international sport, as evidenced by the bruising reception the UN Human Rights Committee (HRC) gave to a US delegation last week.  As Bobby reported here, the US disappointed the HRC by declining to agree with former State Department Legal Adviser Harold Koh’s recently disclosed . . .
Read more »

A Reply to Wittes on the United States and Extraterritoriality

By
Monday, March 10, 2014 at 4:34 PM

I’m usually a big fan of Ben’s cogent observations on Washington’s folkways.  Unfortunately, I can’t be as enthusiastic about Ben’s reply to my earlier post on Harold Koh’s memos regarding extraterritoriality of human rights treaties.  Ben overstates the duration of the United States’ position against extraterritoriality.  He also includes some pokes at Koh’s service as . . .
Read more »

A Dissenting Word on the Harold Koh Memoranda

By
Monday, March 10, 2014 at 2:00 PM

I want to take issue with Peter Margulies’s laudatory remarks this weekend about the Harold Koh memos on extraterritorial application of the ICCPR and the CAT—you know, those memos that mysteriously showed up in the New York Times just as the United States was preparing to present its views on the ICCPR to the UN . . .
Read more »