Monday, October 10, 2011

The Short List - October 10, 2011

International

Domestic

Sunday, October 9, 2011

Legal Justifications for Killing Anwar al-Aulaqi

Charlie Savage has a tantalizing report in the NewYork Times describing, based on sources familiar with the document, the contents of the Justice Department’s memorandum analyzing and authorizing the targeted killing of Anwar al-Aulaqi. Without access to the memorandum itself, it is impossible to provide a detailed analysis of its reasoning. However, some of the New York Times report hint at some interesting developments.

First, Savage reports that
[t]he legal analysis, in essence, concluded that Mr. Awlaki could be legally killed, if it was not feasible to capture him, because intelligence agencies said he was taking part in the war between the United States and Al Qaeda and posed a significant threat to Americans, as well as because Yemeni authorities were unable or unwilling to stop him.
Here, we see the continuing mixing of self-defense and armed conflict. The requirements of self-defense are apparent in that al-Aulaqi “posed a significant threat to Americans, as well as because Yemeni authorities were unable or unwilling to stop him.” This would seem to address the necessity requirement of self-defense. Further, we see that the memo, according to Savage’s sources, asserted the existence of war—let us presume it actually said “armed conflict”—and that al-Aulaqi was targetable because “he was taking part in the war”; that is, he was a civilian directly participating in hostilities.

Second, Savage reports that
[o]ther assertions about Mr. Awlaki included that he was a leader of the group, which had become a “cobelligerent” with Al Qaeda, and he was pushing it to focus on trying to attack the United States again. The lawyers were also told that capturing him alive among hostile armed allies might not be feasible if and when he were located.
Here, we have the first suggestion that the United States recognizes AQAP as a cobelligerent of Al Qaeda. This is fascinating for two reasons: 1. it indicates that the U.S. recognizes that AQ and AQAP are distinct organizations and that the Al Qaeda “franchise” is not monolithic; 2. more interestingly, it suggests that the United States is taking the position that cobelligerency, a status found historically only in international armed conflict (armed conflicts between states) can now occur in non-international armed conflicts (armed conflicts between states and non-state actors, or among non-state actors). Both myself and Jack Goldsmith have made arguments that this cross-pollination should occur.

Finally, Savage reports this:
would it comply with the laws of war if the drone operator who fired the missile was a Central Intelligence Agency official, who, unlike a soldier, wore no uniform? The memorandum concluded that such a case would not be a war crime, although the operator might be in theoretical jeopardy of being prosecuted in a Yemeni court for violating Yemen’s domestic laws against murder, a highly unlikely possibility.
This is incredibly interesting—both to me because of other work I’ve done—and in light of the fact that the United States is currently charging Guantanamo detainees, categorized as unprivileged belligerents, with “murder in violation of the laws of war.” At least in so far as the Military Commission prosecutions are concerned, the United States seems to take the position that a civilian who directly participates in hostilities, and kills even a lawful target, commits murder in violation of the laws of war. Putting aside the fact that there is no support for this position in international law, the Justice Department seems to be taking the opposite position!

All in all, Savage’s article is a trove of information but should serve merely to underscore the necessity of the United States releasing its legal reasoning undergirding the targeted killing of Anwar al-Aulaqi, and others.

Friday, October 7, 2011

The Short List - October 7, 2011

International
Domestic

Thursday, October 6, 2011

What Kind Of Day Has It Been

International
  • The Washington Post reports that the NTC is having difficulty bringing its manifold militia under a unified command. Also, the NTC is having trouble bringing Sirte and Bani Wald under its control.
  • The Economist reflects on ten years of war in Afghanistan. It amazes this Editor that it has been that long--he can remember having conversation seven and six years ago about how there was no way to do a proper job in Afghanistan because we would never stay the decade or more necessary for counter-insurgency. Unfortunately, we have stayed long enough but still not done the job necessary or well enough. 
  • Syria: Still a Nightmare.

Domestic
  • Matt Bai is an idiot. Apple is an institution. Not only that, it is a remarkably authoritarian institution. And, despite the fact that it makes slick looking products, and despite the fact that Microsoft is the big evil corporation of the internet, Apple guards its hardware and its software jealously, stifling user customization and third-party development.
  • Just when DCExile was about to have to take down the message discipline counter, the White House steps in.
  • No one could have predicted . . . . 

The Short List - October 6, 2011

International

Domestic

Wednesday, October 5, 2011

What Kind Of Day Has It Been?

It's been the kind of day that calls for a Rise Against song.

International
Domestic

The Short List

International

Domestic

Tuesday, October 4, 2011

What Kind Of Day Has It Been

International

Domestic

Declaration of Occupy Wall Street

Occupy Wall Street's first official statement is reprinted below. This reproduction does not imply an endorsement on the part of DCExile nor of its Editors.

Official Statement from Occupy Wall Street - this statement was voted on and approved by the general assembly of protesters at Liberty Square: Declaration of the Occupation of New York City
As we gather together in solidarity to express a feeling of mass injustice, we must not lose sight of what brought us together. We write so that all people who feel wronged by the corporate forces of the world can know that we are your allies.
As one people, united, we acknowledge the reality: that the future of the human race requires the cooperation of its members; that our system must protect our rights, and upon corruption of that system, it is up to the individuals to protect their own rights, and those of their neighbors; that a democratic government derives its just power from the people, but corporations do not seek consent to extract wealth from the people and the Earth; and that no true democracy is attainable when the process is determined by economic power. We come to you at a time when corporations, which place profit over people, self-interest over justice, and oppression over equality, run our governments. We have peaceably assembled here, as is our right, to let these facts be known.
They have taken our houses through an illegal foreclosure process, despite not having the original mortgage.
They have taken bailouts from taxpayers with impunity, and continue to give Executives exorbitant bonuses.
They have perpetuated inequality and discrimination in the workplace based on age, the color of one’s skin, sex, gender identity and sexual orientation.
They have poisoned the food supply through negligence, and undermined the farming system through monopolization.
They have profited off of the torture, confinement, and cruel treatment of countless nonhuman animals, and actively hide these practices.
They have continuously sought to strip employees of the right to negotiate for better pay and safer working conditions.
They have held students hostage with tens of thousands of dollars of debt on education, which is itself a human right.
They have consistently outsourced labor and used that outsourcing as leverage to cut workers’ healthcare and pay.
They have influenced the courts to achieve the same rights as people, with none of the culpability or responsibility.
They have spent millions of dollars on legal teams that look for ways to get them out of contracts in regards to health insurance.
They have sold our privacy as a commodity.
They have used the military and police force to prevent freedom of the press.
They have deliberately declined to recall faulty products endangering lives in pursuit of profit.
They determine economic policy, despite the catastrophic failures their policies have produced and continue to produce.
They have donated large sums of money to politicians supposed to be regulating them.
They continue to block alternate forms of energy to keep us dependent on oil.
They continue to block generic forms of medicine that could save people’s lives in order to protect investments that have already turned a substantive profit.
They have purposely covered up oil spills, accidents, faulty bookkeeping, and inactive ingredients in pursuit of profit.
They purposefully keep people misinformed and fearful through their control of the media.
They have accepted private contracts to murder prisoners even when presented with serious doubts about their guilt.
They have perpetuated colonialism at home and abroad.
They have participated in the torture and murder of innocent civilians overseas.
They continue to create weapons of mass destruction in order to receive government contracts.*
To the people of the world,
We, the New York City General Assembly occupying Wall Street in Liberty Square, urge you to assert your power.
Exercise your right to peaceably assemble; occupy public space; create a process to address the problems we face, and generate solutions accessible to everyone.
To all communities that take action and form groups in the spirit of direct democracy, we offer support, documentation, and all of the resources at our disposal.
Join us and make your voices heard!

The Short List - October 4, 2011

International

Domestic

Monday, October 3, 2011

What Kind Of Day Has It Been

International

Domestic

The Short List - October 3, 2011

International

Domestic

Friday, September 30, 2011

The Short List - September 30, 2011

We don't believe in filler baby, even on a Friday.


International
  • Anwar al-Aulaqi, the U.S. citizen and radical cleric responsible for inspiring the Fort Hood shooting and for planning the attempted Christmas underwear bombing has reportedly been killed in an airstrike.  At this time, it is uncertain if al-Aulaqi was killed by a drone or ceonventional airstrike.  In April 2010, the Obama administration authorized the killing of this U.S. citizen.  DCExile editor, Ben, has written about the legality of the continuous targeting of a U.S. citizen by his government.  Rep. Peter King had a rare word of praise for President Obama following the announcement of al-Aulaqi's death.  While your editor believes that al-Aulaqi was a consistent threat to U.S. security, I am unsure if the man was an immediate threat and I'm concerned about the legal precedent set by the targeted killing of a U.S. citizen.

  • The Pakistani street seems to think the U.S. is gearing up to attack the country in light of Admiral Mullen's comments about Pakistani government support for the Huqqani network.  The Pakistani government has passed a resolution calles Adm. Mullen's statements "baseless."  Admiral Mullen will step down from his position as Chairman of the Joint Chiefs today.

  • Afghan ethnic groups are jockeying for position in what they see as the coming civil war once U.S and NATO ground forces withdraw.

  • In Libya, the NTC is investigating reports of the capture of Qaddafi spokesman, Mussa Ibrahim.  News outlets claim to have video of him detained, dressed as a woman.

  • Friend of DCExile, @kangnick, was on CNBC talking the DOJ investigation of Chinese firms.
Domestic

Wednesday, September 28, 2011

Rolling Back the TTP

Sean Mann at FP considers the turning tide in Pakistan's war against Tehrik-e-Taliban Pakistan -- the unified front of Pakistani militant organizations, separate from (though sometimes aligned with) the Afghan Taliban. 

By mid-2008, the local branches of the Tehrik-i-Taliban Pakistan (TTP) had forced out Pakistani security forces and taken power in large portions of Mohmand and Bajaur, the northernmost of the Federally Administered Tribal Areas (FATA). For three years the militant group exercised open territorial control, levying taxes and administering its own brand of justice in the mountainous areas along the Afghan border. Pakistani military operations aimed at destroying the TTP insurgency came in regular cycles, yet each declaration of success was followed by the swift resurgence of militant power. Hundreds of thousands of civilians fled the violence to reside in Internally Displaced Person (IDP) camps or with family members elsewhere in Pakistan.
Recently, however, the tide in Mohmand and Bajaur has turned decisively in the Pakistani military's favor. For the first time in four years, militants have lost the territory they once openly controlled. Whether the tide turns back, or whether these tribal areas even matter given the larger challenges Pakistan faces, is another question entirely.
The TTP figured prominently in an article I coauthored last year discussing the legal implications of U.S. drone strikes in Pakistan.

Tuesday, September 27, 2011

What Kind Of Day Has It Been

International

Domestic

The Short List - September 27, 2011

In a West Coast state of mind, so we're posting a bit late.

International
Domestic

Monday, September 26, 2011

What Kind Of Day Has It Been

International

Domestic

Friday, September 23, 2011

The Short List - September 23, 2011

International

Domestic