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February 05, 2013

Comments

Patrick S. O'Donnell

More precisely, it has to do with targeted killings of U.S. citizens who are alleged members of al-Qa’ida and its associated forces (with which the U.S. states it is engaged in a 'global non-international armed conflict'). Kevin Jon Heller has two insightful posts at Opinio Juris:

http://opiniojuris.org/2013/02/05/the-doj-white-papers-fatal-international-law-flaw/ and

http://opiniojuris.org/2013/02/05/the-doj-white-papers-confused-approach-to-imminence-and-capture/

Milan Markovic

I highly recommend the posts by Kevin Jon Heller, but the Greenwald opinion piece is mostly notable for 1) his refusal to engage with the key legal issue here: Is the United States in a non-international armed conflict with Al Qaeda (a position that seems to have been largely accepted by U.S. courts) and 2) his attribution of the white paper to Marty Lederman and David Baron, whom he smears as "lifelong partisan lackeys."


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