Category Archives: International Law

Addressing the Guantanamo “Legacy Problem”: Bringing Law-of-War Prolonged Military Detention & Criminal Prosecution into Closer Alignment

Abrams seeks to move the discussion on Guantanamo detainees forward by bringing law-of-war detention and criminal prosecution into closer alignment. The article analyzes the Obama Administration’s current approach of dealing with terrorists captured abroad and its preference for conducting criminal prosecutions whenever feasible. Abrams proposes several changes to the current system, including a decision-making framework for imposing further military detention after completion of the criminal process, which the administration has indicated is a possibility, and taking into account the criminal culpability of the detainee to impose a presumptive limit on indefinite detention, as ways to reform the two-track system and increase equality accordingly.

Legitimacy Versus Legality Redux: Arming the Syrian Rebels

The provision of lethal aid to the Syrian rebels appears questionable from a purely legal perspective. It would arguably amount to a use of force. Neither of the traditional legal justifications for the use of force—self-defense and authorization by the Security Council—applies in this case. While humanitarian intervention arguably offers a (weak) basis for the use of force, states would be wise to hesitate before embracing a liberal right to humanitarian intervention, because such operations can serve as convenient subterfuges for armed intervention.

Train Wreck: The U.S. Violation of the Chemical Weapons Convention

This article parses the problem of noncompliance with the Chemical Weapons Convention’s (CWC) dismantling obligations as a case study in the operation (or non-operation) of international law. How did the United States, the leading exponent of the rule of law and a prime mover in negotiating and implementing the CWC, fall into such conspicuous violation? What can be done at this point to extricate ourselves and the Russians from this grisly political and legal predicament? And what can we do in the future to avoid other similar international law train wrecks?