By Daniel Jacobson - On May 21, 2010, in Al Maqaleh v. Gates, a three-judge panel of the D.C. Circuit unanimously reversed a previous district court ruling and held that there was no jurisdiction to hear the petitions for habeas corpus relief of three detainees being held at Bagram Air Base in Afghanistan. The three […]
Teaching an Old Dog New Tricks: Operationalizing the Law of Armed Conflict in New Warfare
By Laurie Blank* and Amos Guiora** - Click here to download the published PDF version Gone are the days of soldiers facing each other across large battlefields, tanks shelling tanks, and fighter jets engaging in dogfights. War, or armed conflict, to use a more precise legal term, now takes place everywhere — in cities, refugee […]
Managing North Korea: The Need for Coordination between Washington and Seoul
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 […]
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 […]