On Wednesday, President Obama will take the unusual step of chairing a session of the U.N. Security Council, which will consider a U.S.-sponsored draft resolution on foreign fighters. The resolution takes as its basis that “foreign terrorist fighters increase the intensity, duration and intractability of conflicts, and also pose a serious threat to their States of origin, the States they transit and the States to which they travel.” Its goal is to crack down on individuals – particularly from Western countries – who travel to the Middle East to fight for terrorist groups like ISIS.… continue »
International and Foreign
At the UN Human Rights Council this week, a coalition of human rights groups is calling on all governments to take steps to monitor and promote transparency and legal compliance with regard to targeted killings.
The human rights groups want states to:
- publicly disclose their targeted killing standards; and
- ensure that their use or facilitation of targeted killings complies with international law; and
- enable meaningful oversight and remedies; and
- ensure effective investigations, tracking and response to civilian harm.
The Grand Chamber of the European Court of Human Rights today found that the British government did not violate the human rights of Iraqi Ba’ath Party member Tarek Hassan when he was taken prisoner by British troops during the 2003 invasion of Iraq and later found dead with signs of torture.… continue »
A Response to Jonathan Horowitz – Why Unwilling or Unable is Measured by a State’s Capacity to Act as Well as its Willingness to do so
Jonathan begins by agreeing with Ryan Goodman’s view that Syria’s willingness to cooperate with US actions against ISIS on Syrian territory should preclude or at least forestall US actions against ISIS in Syria.… continue »
[Editors' Note: The following post is the second installment of a new feature, "Monday Reflections," in which a different Just Security editor will take a longer view each Monday through a look back at the big stories from the previous week and/or a look ahead to key developments on the horizon.]
Is it ever appropriate for the United States to take unilateral military action to defend its vital national security interests when those public institutions that are designed to authorize the use of force are not working?… continue »
There is considerable disagreement whether President Obama has acted unconstitutionally or unlawfully when proceeding to military action against ISIL/ISIS without new Congressional authorization but instead legitimizing the airstrikes with the old 9/11 AUMF authorization related to Al-Qaida.
For purposes of the debate under US law, it should not go unnoticed that the United Nations Security Council applies its own “theory” concerning ISIL’s association with Al-Qaida.… continue »
Professor Yoram Dinstein has characterized war as something that would “appear every once in a while, leave death and devastation in its wake, and temporarily pass away to return at a later date.” While that’s truer for some countries than others, when it comes to the United States, President Obama’s speech last Wednesday made it clear that he’s determined to prove the wise professor wrong.… continue »
Three legal experts (Eugene R. Fidell, Elizabeth L. Hillman, and Nancy Duff Campbell) and two organizations (Amnesty International and The International Commission of Jurists) have shared their most recent submission to the United Nations Human Rights Council in advance of its Universal Periodic Review of the United States. … continue »
As Steve Vladeck noted yesterday, the Department of Defense is out with a new version of its Directive 2310.01E on detainee operations. Steve asks the big question: why now? Perhaps someone with their finger on the pulse of all things D.C.… continue »
The full text of the statement is below.