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Afghanistan: Prospects For Peace And Democratic Governance And The War On Terrorism, Muna Ndulo

Muna B Ndulo

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"Kill 'Em And Sort It Out Later:" Signature Drone Strikes In International Humanitarian Law, Kristina Benson

K Benson

As of this writing, signature drone strikes have been used to kill thousands of people in Yemen, Pakistan, and Afghanistan. Signature strikes, where unknown individuals are targeted for their “signatures,” or behavioral patterns, have killed or injured hundreds of civilians, caused massive psychological trauma among civilian populations, complicated the relationship between the U.S. and Pakistan, and compromised the stated objective of winning hearts and minds. Even so, no scholarly articles have focused on signature strikes’ legality under International Humanitarian Law. This paper uses on-the-ground investigative reports and recently leaked, Justice Department legal analysis to argue that signatures are a problematic …

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International Law And American Foreign Policy: Revisiting The Law Versus Policy Debate, Hengameh Saberi

Hengameh Saberi

When addressing controversial foreign policy questions, international law scholars in the U.S. persistently frame the debate as a conflict between law and policy. From Vietnam to Afghanistan and beyond, this opposition has dominated and defined the way U.S. legal scholars have used international law to engage with significant foreign affairs at least since the Second World War. In this paper, I argue that the law-versus-policy opposition often leads the debates to a deadlock, constraining and neutralizing the best potential of international law to be both a problem-solving and political tool to respond to novel challenges of international relations. Once the …