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Tag Archives: Opinio Juris

The Crimean Crisis: Commentary on International Law Ramifications

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Monday, March 3, 2014 at 2:34 PM

As a service to Lawfare readers, we have compiled some other web commentary on the legal aspects of the crisis in Crimea.  (Of course, interested folks should have a look at Ashley’s thorough articulation of the international law issues at play, and Paul’s take on the invasion’s cyber dimension.) While the situation percolated over the weekend, Eric Posner noted the (somewhat surprising) . . .
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Iran Nuclear Agreement as a Modus Vivendi

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Monday, November 25, 2013 at 7:26 AM

  Over at opinio juris, Duncan Hollis has an interesting post about whether the agreement reached with Iran on early Sunday morning is legally binding.  (I do disagree with Duncan’s title: the “new U.S.-Iran deal” – the deal of course includes other countries).  One possible motive for the United States to make this a political, rather than a legal commitment, . . .
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Worth Reading On Syria

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Monday, September 2, 2013 at 6:12 AM

A few items that are in my opinion worth a read: Opinio Juris is having an insta-symposium on Syria.  I recommend in particular Marty Lederman’s two posts on the relevance of the U.N. Charter to the coming authorization debate in Congress.  (Largely overlooked in the President’s speech on Saturday was his back-of-the hand dismissal of . . .
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A Response to Steve Vladeck and Kevin Jon Heller

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Saturday, July 27, 2013 at 8:40 AM

In recent posts both on Lawfare and at Opinio Juris, Steve and Kevin Jon Heller (here and here) sharply critiqued the brief that Jim Schoettler and I filed on Thursday for Former Government Officials, Former Military Lawyers and Scholars of National Security Law asking the en banc D.C. Circuit to uphold the military commission conviction . . .
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Chemical Weapons in Syria: Enough to Justify the Use of Force?

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Friday, April 26, 2013 at 10:25 PM

Now that the United States has acknowledged – with a modest level of confidence – that the Syrian government has used chemical weapons against the rebels, many press articles are asking whether (or arguing that) the United States should consider using force in Syria. See, for example, here, here, and here. Senators McCain and Feinstein . . .
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Reflections on Kiobel

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Monday, April 22, 2013 at 8:52 PM

A few Lawfare readers have wondered why, given the past attention we have paid on this blog to the Alien Tort Statute, none of us have had anything to say about last week’s landmark decision in Kiobel.  The blogosphere has been filled with commentary (Opinio Juris had an excellent “Kiobel Insta-Symposium” last week), so there . . .
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NYT on Al-Aulaqi Operation and Underlying Legal Analysis

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Saturday, March 9, 2013 at 4:26 PM

[UPDATED 4:53] Scott Shane, Mark Mazzetti, and Charlie Savage of The New York Times have this lengthy article on the hunt for Anwar Al-Aulaqi.  Their piece describes, among other things, the legal analyses that approved of Al-Aulaqi’s killing. Interestingly, the article says that OLC’s legal workup was influenced by “a legal blog that focused on a statute that . . .
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Ninth Circuit Calls Sea Shepherd Actions “Piracy”

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Wednesday, February 27, 2013 at 2:24 PM

Not all news today is the secret meeting of the Lawfare cabal in plain sight – at the House Judiciary Committee hearing on drones and targeted killing.  There is, for example, the opinion just issued in the Sea Shepherd case by the Ninth Circuit, with these opening sentences from Chief Judge Kozinski: You don’t need . . .
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Readings: Jens Ohlin, ‘The Duty to Capture’

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Tuesday, February 26, 2013 at 9:29 AM

Jack Goldsmith has flagged NYU professor Ryan Goodman’s European Journal of International Law article, “The Power to Kill or Capture Enemy Combatants,” as well as a Slate article by Goodman drawn from that academic journal piece, “The Lesser Evil: What the Obama administration isn’t telling you about drones: the standard rule is capture, not kill.”  Goodman’s . . .
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The US Government Position on Imminence and Active Self-Defense

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Thursday, February 7, 2013 at 12:26 PM

(Updated and extended.)  The White Paper’s reference to imminence has occasioned some heated rhetoric about the Obama administration stretching the notion beyond all possible ordinary meaning or bounds, etc.  But it’s worth bearing in mind that there’s nothing new in this from the standpoint of the US government.  The US government has held this view . . .
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What to Make of Judge Pohl’s Ruling? Letter Filings in Al-Nashiri v. MacDonald

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Friday, January 25, 2013 at 3:50 PM

What, if anything, do developments in the military commission case of United States v. al-Nashiri portend for Al-Nashiri v. MacDonald, an ongoing, civil challenge to the accused’s war crimes prosecution?  The question arises in letters filed in the civil case, one by the United States last Friday, and another by al-Nashiri’s lawyers  today. Some quick background: . . .
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The Air Force General Counsel and Death Star Weapons Review

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Saturday, January 12, 2013 at 11:32 AM

Following up on Ben’s Death Star White House denial, we must note the response of the Air Force General Counsel’s Twitter account. And I query over at Opinio Juris whether one day the Administration’s pronouncement that “the administration does not support blowing up planets” might contribute to United States’ opinio juris on interstellar law of . . .
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Jennifer Daskal’s NYT Op-Ed on Guantanamo – Further Comment

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Friday, January 11, 2013 at 7:03 PM

Further to Ben’s post on Jennifer Daskal’s NYT Guantanamo op-ed today, over at Opinio Juris I comment on a different part of the op-ed.  Ben refers in part to reasons Jen offers why a transfer of Guantanamo detainees to the US prison system would not be very attractive to the detainees, and the difficulties in . . .
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Feinstein Amendment and Some Policy Dimensions of Citizenship-Based Distinctions

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Friday, December 7, 2012 at 10:48 AM

Steve and Marty make what seem to me very valid legal arguments in response to Jonathan Hafetz’s post on Opinio Juris, in which Jonathan argues that the Feinstein Amendment’s principal effect would be to embed citizenship-based distinctions (in this case, with regard to military detention) “that undermine protections for millions of non-citizens in the United . . .
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WCL American University Program on Cyberwarfare and Law

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Tuesday, November 6, 2012 at 8:37 AM

If you are around DC on Thursday, November 8, and have an interest in cyberwarfare and law, the AU International Law Journal and National Security Law Brief are jointly presenting a program at Washington College of Law, American University – two panels plus a lunch speaker.  It’s an outstanding lineup, not least because it features . . .
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Michael Lewis on ‘The Drone Zone’, Dunlap, Rona, Corn, and Anderson

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Wednesday, July 18, 2012 at 8:40 AM

We will have two final posts in our discussion sparked by Mark Mazzetti’s New York Times Magazine article, The Drone Zone.  This one by Michael Lewis, a former Navy fighter pilot and now professor at Ohio Northern State University Pettit College of Law, who is a frequent guest poster at Opinio Juris and other blogs . . .
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The Arms Trade Treaty Negotiations at the UN

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Friday, July 6, 2012 at 2:40 PM

This month of July sees negotiations at the UN in New York on a proposed arms trade treaty.  Duncan Hollis at Opinio Juris has an excellent introduction with many links.  Also at OJ, I offer some thoughts on a letter sent by some 130 Congressional lawmakers to the Obama administration warning it of conditions they . . .
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Were Kevin Jon Heller and I Both Wrong?

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Wednesday, May 30, 2012 at 7:49 AM

Earlier this week, Kevin Jon Heller and I had an exchange over what the Pakistani doctor who helped the CIA, Akhil Afridi, was actually charged with and convicted of. Writing at Opinio Juris, Kevin dismissed suggestions by Secretary of Defense Leon Panetta that the doctor was charged because he helped the CIA find the world’s . . .
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What Was Dr. Afridi Convicted Of?

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Monday, May 28, 2012 at 8:11 AM

Over at Opinio Juris, Kevin Jon Heller has a post complaining about Leon Panetta’s recent lament that “[i]t is so difficult to understand and it’s so disturbing that [Pakistan] would sentence this doctor to 33 years for helping in the search for the most notorious terrorist in our times. . . . This doctor was not working against Pakistan, . . .
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Thoughts on the Brennan Speech : Scope of the AUMF, CCF, JSOC, and Other Issues

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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.  The Scope of Domestic Authority to Engage in Drone Strikes Rona’s critique opens by arguing . . .
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