Author name: Branden Loizides

Uncategorized

Managing North Korea: The Need for Coordination between Washington and Seoul

By Richard Fontaine and Micah Springut* – As the hundreds of American and South Korean officials involved in formulating and executing policy towards the Democratic People’s Republic of Korea over the years will attest, theirs is a difficult endeavor.  Pyongyang’s actions and intentions are notoriously inscrutable, and the North’s alternating pattern of threats, bluster, and occasional concessions are as treacherous a path to navigate as exists in international relations.  The threat posed by Pyongyang’s nuclear program, combined with its proliferation of nuclear and missile technologies, naturally represents a major challenge to the current American and South Korean administrations.  The story […]

Main Volumes

The Interpretive Guidance on the Notion of Direct Participation in Hostilities: A Critical Analysis

By Michael Schmitt – Click here to download the published PDF version I.  Introduction In 2003, the International Committee of the Red Cross (ICRC), in cooperation with the T.M.C. Asser Institute, launched a major research effort to explore the concept of “direct participation by civilians in hostilities” (DPH Project).[1] The goal was to provide greater clarity regarding the international humanitarian law (IHL) governing the loss of protection from attack when civilians involve themselves in armed conflict.  Approximately forty eminent international law experts, including government attorneys, military officers, representatives of non-governmental organizations (NGOs), and academics, participated in their personal capacity in

Featured

Goldsmith & Heymann Debate Options for KSM

Click here to listen to the full debate By Mat Trachok, NSJ Staff Editor – On April 19th, Professors Jack Goldsmith and Phil Heymann of Harvard Law School debated what the Obama administration should do with alleged 9/11 mastermind Khalid Sheikh Mohammed (KSM).  According to both Goldsmith and Heymann, the United States has three options available: it can try KSM before a military commission, it can try him in a civilian court, or it can continue to hold him in military detention.  Both professors agreed that trying KSM before a military commission was the worst option.  However, they also agreed

Uncategorized

NSJ Analysis: WikiLeaks and Jus in Bello: Room for a Congressional Response?

By Larkin Reynolds – On Monday, April 5th, The New York Times published a story about a controversial video now known in blogging circles as the “‘Collateral Murder’ video.”  The video was posted on WikiLeaks.org, a Web site known for its disclosures of sometimes-classified government information. Because the tape WikiLeaks obtained had been encrypted, they needed help to descramble it.  To do so, they solicited assistance on Twitter by representing that the video depicted an aerial intervention in Afghanistan that may have killed over 100 civilians.  Both versions were reportedly posted on the WikiLeaks site at first, but as of

Uncategorized

Reprocessing Agreement Moves U.S. and India One Step Closer Toward Implementing Civil Nuclear Deal

By Ronak D. Desai, NSJ Staff Editor – Washington and New Delhi last week announced the successful completion of a nuclear agreement granting India rights to reprocess nuclear fuel imported from the United States, moving the two countries one step closer to implementing a historic civilian nuclear deal that has become the centerpiece of the widely touted U.S.-India “strategic partnership.”  The accord provides a much needed boost to bilateral relations between the world’s oldest and largest democracies, which have shown some signs of strain amid concerns from officials in New Delhi that the Obama administration was downgrading its relationship with

Uncategorized

DOJ Report Purports to Demonstrate Success Convicting Suspected Terrorists in Civilian Courts

By Jonathan Abrams, NSJ Staff Editor – The Justice Department, in an attempt to bolster its argument that suspected terrorists can be tried in civilian courts, released a report earlier this month that includes a chart detailing over 400 convictions of terrorists obtained in such courts.  But this effort has not halted GOP criticism of the wisdom of civilian trials for terrorists. The Justice Department’s report is part of an effort to push back against Republican opposition to the decision to try 9/11 mastermind Khalid Sheikh Mohammed (KSM) in a civilian court in New York City.  The chart purports to

Scroll to Top