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International Law

Kosovo, Syria: When it Comes to Military Force, What's the Proper Relationship Between Law and Political Judgment?

The potential use of military force in Syria and its past use in Kosovo -- despite the likely "illegality" under international law and the U.N. Charter -- raise important general questions about the modern, post-WWII attempt to establish "rule of law" constraints on the inter-state use of force. Jack and Ashley have noted the widespread view, then and now, that the Kosovo bombings were "technically" illegal under international law, but nonetheless right.

Detention: Law of

Harold Koh on What Would Al Gore Do?

From Harold Koh’s speech to the Oxford Union the other day:

Suppose we are back at Sept 18, 2001, and Congress has just passed the AUMF against Al Qaeda. Suppose the President –let’s assume it for the sake of argument that it was the winner of the popular vote, Al Gore--gives a speech where he says:

'We just have been attacked in the worst attack on our soil since Pearl Harbor.


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