In this article, Kevin Rousseau explores the ways in which the modern focus on international humanitarian law has affected strategic decisions of both weak and major powers. Rousseau provides examples of “lawfare” in action and concludes by observing that waning principles of sovereignty require the state to adapt to the changing international legal operating environment by more effectively wielding humanitarian law.
The Honorable Lewis A. Kaplan draws on his voluminous experience on the federal bench to illuminate some of the special concerns that attend terrorism and national security cases. Kaplan reviews several judicial challenges unique to terrorism cases, including classified information issues and the use of defendants’ statements in the course of prosecution. He concludes that Article III courts not only are capable of trying such cases, but they are the forum most consistent with our American values of fairness and transparency.
Stephen L. Schooner and Nathaniel E. Castellano review Richard Whittle’s Predator: The Secret Origins of the Drone Revolution. The authors highlight the cast of quirky characters that drive the narrative element of Whittle’s book while recounting the ethical dilemmas, national security issues, and bureaucratic challenges that attend one of the nation’s most successful weapons development programs. The authors conclude with an enthusiastic endorsement of the book regardless of the reader’s expertise in military affairs.