With the passing of International Human Rights Day, Jerome A. Cohen says China still has no effective means of enforcing the rights enshrined in its constitution. Yet, once again, new Communist Party leaders reignite hopes for bringing government and the party under the rule of law.
Kenneth Anderson and Matthew C. Waxman say some view automated technology developments as a crisis for the laws of war. But provided we start now to incorporate ethical and legal norms into weapons design, the incremental movement from automation to genuine machine autonomy already underway might well be made to serve the ends of law on the battlefield.
Matthew C. Waxman argues that international law still plays a powerful role in justifying or delegitimizing the case for military action. Just like in the Cuban missile crisis, the United States needs to present a plausible case for self-defense in order to strike Iran.
Jeffrey H. Smith and John B. Bellinger III say that because a nuclear-armed Iran is a real threat to the United States, the president does have reason to argue for his constitutional authority to use force against Iran, but legislative approval would give him stronger legal and political ground to do so.
Wikileaks founder Julian Assange gave these remarks at the Ecuadoran Embassy in London on August 19, 2012. This transcript was published in The Independent.
This memorandum from the Congressional Research Serviceattempts to clarify the debate over lethal targeting of U.S. citizens with suspected ties to terrorist activites by providing legal background, setting forth what is known about the Administration's positionz and identifying possible points of contention among legal experts and other observers.
News of planned military trials for five 9/11 suspects underscores the Obama administration's need to more forcefully defend the necessity of military tribunals if they are to have legitimacy at home and abroad, says CFR's Matthew Waxman.
Obama's targeted drone strikes--even on Americans--aren't illegal, writes Jack Goldsmith for Foreign Policy. In fact, he writes, there's a solid legal foundation and a number of checks and balances upholding his right to take out terrorists.
Targeted killings have become a central component of U.S. counterterrorism operations around the globe. Despite pointed criticism over transparency and accountability issues, analysts say the controversial practice seems likely to expand in the future.
Ambassador David Scheffer and former State Department legal adviser John Bellinger discuss how international justice over the last two decades has affected international politics, including the U.S. role in assisting local war crimes prosecutions in Libya and elsewhere.
President Obama vowed in January 2009 to close the prison camp at Guantanamo Bay. Two years later, the White House continues to face challenges to that promise, leaving critics to suggest the facility will remain open for the foreseeable future.
As the uprising continues in Syria, the international community moved to condemn the Assad regime in the aftermath of the government's attacks on the city of Hama. CFR's Elliott Abrams and Robert Danin discuss how these developments affect U.S. foreign policy toward the Middle East.
John B. Bellinger III testifies before the Senate Judiciary Committee on the practical benefits that enactment of the Consular Notification Compliance Act of 2011 will have for Americans who are detained and imprisoned by other countries.
The International Criminal Court's warrants for the arrest of Libya's Qaddafi stir debate about whether they will facilitate or hinder his demise and about the effectiveness of the ICC itself.
John B. Bellinger III says President Obama should seize the opportunity presented by Republican support for increased domestic oil and gas production to urge the Senate to approve the Law of the Sea Convention.
The Council on Foreign Relations' David Rockefeller Studies Program—CFR's "think tank"—is home to more than seventy full-time, adjunct, and visiting scholars and practitioners (called "fellows"). Their expertise covers the world's major regions as well as the critical issues shaping today's global agenda. Download the printable CFR Experts Guide.
The author analyzes the potentially serious consequences, both at home and abroad, of a lightly overseen drone program and makes recommendations for improving its governance.