NIAC: Conflict with IHRL

The use of lethal force (whether via armed drone, manned aircraft, cruise missile, helicopter assault, etc.) has been a cornerstone of U.S. counterterrorism policy for many years, both in places where we have ground combat deployments and places where we do not. Throughout this period, the legality, efficacy, wisdom, and morality of this practice has been the subject of intense scrutiny and debate. Nonetheless, the kinetic option has proven remarkably durable over time (especially as compared to its sibling, the use of non-criminal detention).

In this post, we proceed with Lawfare's ongoing, side-by-side comparison of the SSCI Study's key findings, and responses to them by both the SSCI Minority as well as the CIA.

By way of reminder, the SSCI's Study made twenty findings and conclusions about the CIA's detention and interrogation practices after 9/11---twelve of which the blog has summarized so far, along with any corresponding Minority and CIA remarks.

A breakdown of findings 13-16 can be found below, the lone goal being to

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 this exchange, to raise four of the bigger stakes that I think arise out of our discussion.

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 prevent in any territory under its juri