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Counterintuitive: Intelligence Operations And International Law, John C. Yoo, Glenn Sulmasy
Counterintuitive: Intelligence Operations And International Law, John C. Yoo, Glenn Sulmasy
John C Yoo
This essay addresses proposals for international regulation of intelligence gathering activities. We show that international law currently does not express any strong norms against intelligence gathering. We argue that international law is incapable of regulating such activities and proposals for change would prove counterproductive. Careful attention to the causes of war between rational nation-states shows that these efforts will have the highly undesirable result of making war more, rather than less, likely.
Executive Power V. International Law, John C. Yoo, Robert J. Delahunty
Executive Power V. International Law, John C. Yoo, Robert J. Delahunty
John C Yoo
Critics of the Bush administration's conduct of the war on terrorism and the wars in Afghanistan and Iraq have made the claim that the President cannot order conduct that is inconsistent with international law. Not only is the argument under-theorized, it runs counter to the best reading of the constitutional text, structure, and the history of American practice. A careful examination of the constitutional text, for example, shows that international law that does not take the form of a treaty or other authoritative adoption by the political branches will not enjoy supremacy effect. If international law cannot claim the status …