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James Foley and the Hostage Act

Some commentators have suggested that the newly disclosed special forces operation to rescue James Foley may have lacked congressional authorization, thereby further underscoring…
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Laying the Groundwork for Syrian War Crimes Trials

The Wall Street Journal’s Jess Bravin and Michael Crittenden have a fascinating report on the Obama administration’s efforts to utilize information provided by a Syrian defector,…
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Former Chief of British Secret Intelligence: Stop Viewing the ISIS Threat Through 9/11 Eyes

On Monday, former chief of British Secret Intelligence Service, Sir Richard Dearlove gave an insightful and provocative lecture entitled, “Terrorism and National Security: Proportion…
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Endless War is the Wrong Response to ISIS

“Obama’s Blueprint for Fighting Terrorism Collides with Reality in Iraq,” blared the New York Times headline late last week, in a story that set forth the challenges of the…
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Two Major ISIS Developments

On the heels of last week’s White House announcement that the President was sending 275 U.S. troops to Iraq to provide security to U.S. personnel and the U.S. Embassy, today…
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What is to be Gained from Pursuing Accountability Now in Syria?

Beth Van Schaack’s recent posts (see here, here, and here) on the proposed Syria hybrid tribunal prompted an astute response from Rianne Letschert: @BethVanSchaack @janethanderson…
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Alternative Jurisdictional Bases for a Hybrid Tribunal for Syria

As we have discussed, one option under consideration to address the commission of grave international crimes during the conflict in Syria is the creation of a hybrid tribunal within…
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A Mixed Chamber for Syria: An Idea Whose Time Has Come?

As we have discussed in a prior post and in the press, the international community must think creatively about how to build an accountability mechanism for Syria that does not—at…
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Options for Accountability in Syria

The Security Council is poised today to vote on a resolution referring the situation in Syria to the International Criminal Court (ICC). This would be the third such referral following…
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Does the U.N. General Assembly have the authority to establish an International Criminal Tribunal for Syria?

By all accounts, the U.N. Security Council session this morning will not result in a referral of the situation in Syria to the International Criminal Court (ICC). Because Syria…
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Update: French Text Referring Syria to ICC Said to Replicate Standard Exemptions for US

In a post this morning, I discussed the language reported in the press of a draft Security Council resolution referring Syria to the International Criminal Court. The question…
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How “Similar” is US Exemption on Draft UNSC Referral of Syria to the ICC?

[Editor’s Note: Check out Ryan’s updated post, “Update: French Text Referring Syria to ICC Said to Replicate Standard Exemptions for US.”] Yesterday I…
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