Latest in International Law: LOAC: Military Necessity

International Law: LOAC: Military Necessity

The Capture-or-Kill Debate #7: Goodman Responds

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 other.  Here are the earlier entries:

1. Goodman’s full-length EJIL Article

2.

Relationship between LOAC and IHRL

The Capture-vs-Kill Debate #6: Rejoinder to Goodman from Corn, Blank, Jenks, and Jensen

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 other.  Here are the earlier entries:

1. Goodman's full-length EJIL Article

Targeted Killing: Drones

Goodman Responds to Corn, Blank, Jenks, and Jensen on Capture-Instead-of-Kill

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 of armed conflict places constraints on the decision to kill or capture enemy fighters.

International Law: LOAC: Military Necessity

Corn, Blank, Jenks, and Jensen Respond to Goodman on Capture-Instead-of-Kill

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.

Capture Instead of Kill: A Dangerous Conflation of Law and Policy

International Law: LOAC: Military Necessity

Is It Legal For the U.S. To Use Force Against Iran?

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 also be authorized by the United Nations.

Secrecy & Leaks

Greetings, and a Quick Thought on Brennan's Speech

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 yesterday's speech, the combined effect of the President's May 2009 National Archives speech, Harold Koh's 2010 ASIL speech, Eric Holder's recent Northwestern speech, and additional important addresses

Jus ad Bellum/UN Charter/Sovereignty

John Brennan’s Speech and the ACLU FOIA Cases

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 targeted killing, but also of the morality, wisdom, and humanity of the practice; and (3) it provided sig

Targeted Killing

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

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

Jus ad Bellum/UN Charter/Sovereignty

John Brennan's Speech

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 potentially exposing administration officials to legal liability.”  In particular, I said that “The administration should provide more information abou

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