forthcoming scholarship

November 27, 2009

The Use of Force Against States that ‘Might’ Have Weapons of Mass Destruction

Matthew C. Waxman (Columbia)

Michigan Journal of International Law (forthcoming)

The Iraq war rekindled debate – a debate now further inflamed in discussions of Iran and North Korea – about the legal use of force to disarm an adversary state believed to pose a threat of catastrophic attack, including with weapons of mass destruction (WMD). Colliding with this debate is the stark fact that intelligence about hostile states’ WMD capabilities is and will remain limited and uncertain. This Article examines the following question: How should international legal rules on the use of force handle this intelligence gap? In answering that question, this Article advances two arguments. First, it argues that amid such intelligence uncertainty, a “reasonable necessity” approach to international self-defense doctrine, based on objective standards, is superior to the two main competing schools of thought: the “traditional view,” which holds strictly that only the U.N. Security Council may authorize legal force against WMD proliferates absent an imminent and specific threat of attack, and the “unilateralist” school, which holds that states retain a broader right of preemptive self-defense. Second, it argues that a reasonable necessity approach – and its reliance on objective standards – helps focus analysis on key evidentiary issues that have so far eluded serious study in scholarship on the legal use of force and that are relevant to ongoing debates about alleged WMD proliferation by Iran, North Korea and other states.

Guantánamo, Habeas Corpus, and Standards of Proof: Viewing the Law Through Multiple Lenses

Matthew C. Waxman (Columbia)

Case Western Reserve Journal of International Law (forthcoming)

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2010 Lieber Society Military Prize Call for Papers

November 27, 2009

The Lieber Society, an Interest Group of the American Society of International Law, bestows each year, without regard to nationality, a prize for an exceptional writing that enhances understanding of the law of war by a person serving in the regular or reserve armed forces of any nation.

The Prize. The winner will receive a certificate confirming that he or she has won the 2010 Lieber Society Military Prize, $500.00, and a one-year membership to the American Society of International Law (ASIL). The judges may also select two additional persons to receive Lieber Society Certificates of Merit.

Request for Assistance. Any person receiving this Call for Papers who is aware of an exceptional writing that meets the qualifications of this competition is requested to nominate the paper directly to the Lieber Society and forward this Call to the author of that paper.

Definition of the Law of War. For this competition, the Law of War is that part of international law that regulates the conduct of armed hostilities. Papers may address any aspect of the law of war, including, but not limited to: the use of force in international law, the conduct of hostilities during international and non-international armed conflicts, protected persons and protected objects, the law of weapons, rules of engagement, treatment of detainees, to include interrogation procedures, and occupation law. Papers addressing practical problems confronting members of armed forces are preferred.

Qualifications for entering the competition. Persons submitting papers do not have to be ASIL members. They may be citizens of any nation, but they must be a member of their nation’s regular or reserve armed forces.

Papers that may be entered. Papers submitted in this competition must be in English (or translated into English if written in another language) and not more than 35 pages long if printed with single line spacing or 70 pages if written with double line spacing. Both papers that have been published and papers that have not been published will be considered for the Prize.

Required Contact Data. All submissions must contain the following data on the author of the paper: full name and rank or rating, current postal and e-mail addresses, current telephone and fax numbers. If a person other than the author is making the submission, it must also contain the above data for the person submitting the paper.

Deadline for submitting papers. Papers for the 2010 competition must be received no later than Friday, January 2, 2010.

Use of email to submit papers. Electronic submissions in Adobe format (.pdf) or Microsoft Word (.doc) will be accepted. They should be sent to ejensen3@law.fordham.edu

Use of the postal system to submit papers. Submissions by postal mail must be sent to:

Eric Talbot Jensen
6322 Hillsborough Drive
Falls Church, VA 22044

If the postal system is used, two copies of the paper must be submitted.

Acknowledgement of submissions. All submissions will be acknowledged by e-mail.

Announcement of winner. The winner and any persons receiving Certificates of Merit will be announced at the 2010 Annual Meeting of the American Society of International Law in Washington, DC, March 2010.