By Richard Fontaine and Micah Springut* - As the hundreds of American and South Korean officials involved in formulating and executing policy towards the Democratic People’s Republic of Korea over the years will attest, theirs is a difficult endeavor. Pyongyang’s actions and intentions are notoriously inscrutable, and the North’s alternating pattern of threats, bluster, and […]
The Interpretive Guidance on the Notion of Direct Participation in Hostilities: A Critical Analysis
By Michael Schmitt - Click here to download the published PDF version I. Introduction In 2003, the International Committee of the Red Cross (ICRC), in cooperation with the T.M.C. Asser Institute, launched a major research effort to explore the concept of “direct participation by civilians in hostilities” (DPH Project).[1] The goal was to provide greater […]
Goldsmith & Heymann Debate Options for KSM
Click here to listen to the full debate By Mat Trachok, NSJ Staff Editor - On April 19th, Professors Jack Goldsmith and Phil Heymann of Harvard Law School debated what the Obama administration should do with alleged 9/11 mastermind Khalid Sheikh Mohammed (KSM). According to both Goldsmith and Heymann, the United States has three options […]
NSJ Analysis: WikiLeaks and Jus in Bello: Room for a Congressional Response?
By Larkin Reynolds - On Monday, April 5th, The New York Times published a story about a controversial video now known in blogging circles as the “‘Collateral Murder’ video.” The video was posted on WikiLeaks.org, a Web site known for its disclosures of sometimes-classified government information. Because the tape WikiLeaks obtained had been encrypted, they […]
Reprocessing Agreement Moves U.S. and India One Step Closer Toward Implementing Civil Nuclear Deal
By Ronak D. Desai, NSJ Staff Editor - Washington and New Delhi last week announced the successful completion of a nuclear agreement granting India rights to reprocess nuclear fuel imported from the United States, moving the two countries one step closer to implementing a historic civilian nuclear deal that has become the centerpiece of the […]
DOJ Report Purports to Demonstrate Success Convicting Suspected Terrorists in Civilian Courts
By Jonathan Abrams, NSJ Staff Editor - The Justice Department, in an attempt to bolster its argument that suspected terrorists can be tried in civilian courts, released a report earlier this month that includes a chart detailing over 400 convictions of terrorists obtained in such courts. But this effort has not halted GOP criticism of […]