MAJ Peter Combe argues that the covert action statute prohibits the Central Intelligence Agency from violating self-executing treaties to which the United States is party, as well as non-self-executing treaties and customary international law implemented by statute, but it provides domestic legal authority to violate non-self-executing treaties and customary international law that have not been implemented through legislation by Congress. This application of the covert action statute in practice is illuminated through a case study of the legal issues surrounding the Osama bin Laden raid.
Category Archives: Vol. 9 No. 1
Lawfare | JNSLP 9:1 features articles exploring several aspects of law and military and intelligence strategy, such as the effects of “lawfare” and international humanitarian law on countries’ strategic military decisions and the extent of the legal authority granted to the CIA to undertake covert actions that violate international treaties.
International Law & Military Strategy: Changes in the Strategic Operating Environment
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.
Public Health Emergencies as Threats to National Security
James Hodge and Kim Weidenaar discuss the importance of approaching public health emergencies as threats to national security, and they propose 10 criteria for designating public health threats as national security concerns.