Requesting a Challenge Inspection Against Syria Under the Chemical Weapons Convention: Venturing into Uncharted Territory

In response to the April 2018 chemical attack in Syria that killed more than 40 people, the United States, France, and Britain launched more than 100 missiles targeting three suspected chemical weapon storage and research facilities. However, subsequent reports have raised questions concerning the accuracy of the intelligence regarding these facilities. Rather than conducting this airstrike, the US-led coalition should have utilized the unique verification mechanism provided by the Chemical Weapons Convention of 1997: a challenge inspection.

Through an in-depth examination of the never been used CWC challenge inspection, Jonathan Greengarden outlines the process for requesting a challenge inspection and explains why it is not too late to request such an inspection against Syria. Utilizing this powerful verification tool is necessary in order to hold CWC violators accountable and to reinforce the international norm against using chemical weapons.

Requiem for Korematsu?

Stephen Dycus reviews Professor Eric K. Yamamoto’s timely book In the Shadow of Korematsu: Democratic Liberties and National Security, published just weeks before the Supreme Court decided Trump v. Hawaii. Dycus draws out the book’s core themes, highlighting Yamamoto’s analysis of the Korematsu decision and its continued relevance in American jurisprudence. The review concludes with a discussion of Yamamoto’s proposed process for judicial review in cases that involve both national security and civil liberties.

From Protecting Lives to Protecting States: Use of Force Across the Threat Continuum

Retired Brigadier General Kenneth Watkin’s new book, Fighting at the Legal Boundaries: Controlling the Use of Force in Contemporary Conflict, helps address some of the issues with the increasingly blurred line between international humanitarian law and human rights law. Professor Mitt Regan’s review addresses the trends that Watkin regards as posing novel challenges for states accustomed to traditional concepts of the use of force and discusses Watkin’s concepts that are especially relevant to the question of how much the traditional categories of law enforcement guided by human rights principles and armed conflict governed by international humanitarian law should continue to frame thinking about the use of force. Regan also critiques Watkin’s use of the binary framework of law enforcement and armed conflict to guide analysis.

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