International Law Archive

The release of previously classified, Bush administration legal opinions analyzing whether “harsh” interrogation techniques would violate legal prohibitions against torture has reopened a moral and ethical debate about the U.S. response to the Sept. 11 terror attacks. It is certainly appropriate to question whether the measures adopted were consistent with the traditions of the nation, or whether they would even work. But there is no criminal charge for acting immorally, for making decisions contrary to our country’s principles or for choosing an ineffective intelligence gathering technique. At its core, then, the underlying issue that advocates for the criminal investigation and […]

I ran across this interesting op-ed in the Jerusalem Post by Louis René Beres this morning, and received my weekly reminder of the utterly unhinged assumptions under which many on the Israeli right operate.* The piece’s basic point is that even a disarmed, toothless Palestinian state would be dangerous to Israel, because prevailing international law would allow it to wriggle out of any commitments it made to being a disarmed entity, thus allowing it to pose a threat to Israel. The point, which Beres makes more or less explicitly, is that nothing less than permanent Israeli control over Palestinian populations […]

The United Nations Security Council (UNSC) capped a week of tough negotiations yesterday over a response to North Korea’s April 5 launch of a multi-staged rocket. In a strongly worded statement, this month’s UNSC president, Mexican Ambassador Claude Heller, termed the launch a “contravention” of UNSC Resolution 1718, which forbids the Democratic People’s Republic of Korea (DPRK) from engaging in missile-related activities. The government of the DPRK claimed the launch was meant to place a communications satellite into orbit. However, no one outside North Korea has spotted the alleged satellite. Since the technologies used for space rockets and long-range ballistic […]

When the International Criminal Court issued its ground-breaking warrant for the arrest of Sudanese President Omar al-Bashir on March 4, human rights activists celebrated the move as a major milestone. The action would not only boost hope in Darfur — Bashir is alleged to have played a key role in the tragic conflict — but it would also help prevent atrocities everywhere. For the first time, a sitting president faced the threat of arrest, forcing other perpetrators and would-be perpetrators of crimes against humanity to consider the trials awaiting them should they follow in Bashir’s footsteps. Less than a month […]