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It looks like the Obama Administration is planning to deploy some form of U.S.
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Michael Stransky’s email led me to reread the questions Charlie Savage asked Senators Obama and Clinton in late 2007. The question and answers are worth considering in full. Savage asked:
In what circu...
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The U.N.
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In anticipation of the growing likelihood of some form of U.S.
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According to Julian Barnes at the Wall Street Journal, the White House has confirmed that (a) Article 75 of Protocol I does not apply in the Non-International Armed Conflict with al Qaeda as customary in...
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In the esoteric discussion about whether and how Article 75 of Protocol I, a treaty about international armed conflict (IAC), applies in the Non-International Armed Conflict (NIAC) with al Qaeda and The ...
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In a speech today that criticized NATO coalition partners for their diminishing contributions to the Afghanistan effort, Secretary of Defense Gates said something remarkable about the rule of law in the ...
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Cully Stimson, formerly the Deputy Assistant Secretary of Defense for Detainee Affairs and now at Heritage, raises an important issue with respect to the implications of Article 75 for the admissibility ...
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Bruce Ackerman and Oona Hathaway argue at the Huffington Post that President Obama lacks the constitutional authority to impose a no-fly zone in Libya in the absence of congressional authorization. Thei...
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“I think the international community’s is going to come together . . . to try to have a coordinated effort to bring pressure on Gadhafi,” said White House Chief of Staff Bill Daley, yesterday, on Meet th...
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Daphne Eviatar and I have an interesting exchange underway, one that I think nicely illustrates some of the key points of legal disagreement that underly the detention debate (such as whether the ICCPR a...
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Yesterday I drew attention to a piece by Daphne Eviatar (Human Rights First) concerning the DRB process for screening detainees in Afghanistan, emphasizing the following passage:
Under international law,...