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As Wells noted, the British Parliament rejected a motion of support for British participation in military strikes against Syria in response to its alleged use of chemical weapons against its citizens. H...
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As long as we are covering the waterfront when it comes to the legal questions raised by the prospect of using force in Syria, we should say something about the role of the War Powers Resolution. After ...
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A few years ago I wrote a Council on Foreign Relations report titled Intervention to Stop Genocide and Mass Atrocities: International Norms and U.S.
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The situation in Syria being fluid, and our writers having authored a good number of posts on the subject, I thought it might be useful to compile the blog's work on legal issues, international and domes...
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Dapo Akande has a pithy analysis of the legality of humanitarian intervention at EJIL: Talk! Akande notes that “there is very little State support for the view that international law permits States to u...
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I agree with Jack's analysis of the UK statement.
I would add that the British legal position is not new. The British relied on the doctrine of humanitarian intervention for their participation in the...
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Here is the UK’s statement on “the legality of military action in Syria following the chemical weapons attack in Eastern Damascus on 21 August 2013.” It maintains that “[i]f action in the Security Counc...
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Big news from the Department of Defense this morning: two detainees have been transferred from the Guantanamo detention facility to the government of Algeria.
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Oona Hathaway and Scott Shapiro argue in the WP that military force in Syria absent Security Council authorization would violate the U.N. Charter, and they sketch alternatives to intervention. I agree ...
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I have a pretty broad view of presidential power to use military force abroad without congressional authorization. On that view, which is close to the past views of the Office of Legal Counsel, the plan...
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For anyone interested, I’ve posted to SSRN my draft article, forthcoming in the Yale Law Journal, titled “The Constitutional Power to Threaten War.” I’m pasting below the introduction, and I plan to pos...
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Jack's and Ashley’s analyses have covered the waterfront, so far as concerns the Kosovo precedent’s meaning (legal, moral and so forth) for a possible Syria intervention.