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Academic Commentary
3 Mar 2014
by Jordan Paust of University of Houston Law Center
edited by Arjun Mishra

JURIST Guest Columnist Jordan Paust of the University of Houston Law Center provides several legal justifications under the UN Charter for the use of force in Syria...Some argue that a US use of armed force in Syria would violate the United Nations Charter in the absence of a UN Security … [read more]


20 Jul 2013
by Andrew Morgan

The US military was in strategic command of the international effort in Libya at first, with the launch of Operation Odyssey Dawn on March 19, 2011. Operation Odyssey Dawn officially ended on March 31, with the US handing over control of the effort to NATO. According to opponents of US … [read more]


20 Jul 2013
by Zachariah Rivenbark

On October 7, 2001, following the beginning of the War on Terror, the US military began detaining hundreds of suspected terrorists. Many of those captured were designated "enemy combatants" — a label coined by the administration of President George W. Bush to denote their legal status as unlawful combatants without … [read more]


Academic Commentary
2 Feb 2013

JURIST Contributing Editor Jordan Paust of the University of Houston Law Center says that arguments put forward in the case of Bond v. United States, claiming that the federal law implementing the Chemical Weapons Convention is unconstitutional, are based on a fundamentally flawed understanding of the US Constitution...The US Supreme … [read more]


Academic Commentary
15 Jan 2013

JURIST Contributing Editor Jordan Paust of the University of Houston Law Center says that, if Iran proceeds with building nuclear arms, Israel may be legally justified in launching a military attack as a means of self-defense...Under international law, would Israel have a right to engage in measures of self-defense against … [read more]


Academic Commentary
10 Jul 2012

JURIST Guest Columnist Jordan Paust of the University of Houston Law Center says the theory that self-executing treaties are the only type of international law that is binding on states is based on an incorrect, revisionist account of US legal history...Devising theory, marshaling it and sending it off to do … [read more]


Academic Commentary
1 Jul 2012

JURIST Guest Columnist David Moore of the Brigham Young University J. Reuben Clark Law School says that although the Supremacy Clause binds states to follow international law that qualifies as preemptive federal law, not all treaties or principles of customary international law qualify as such...Professor Jordan Paust asserts that states … [read more]


Academic Commentary
8 Jun 2012

JURIST Contributing Editor Jordan Paust of the University of Houston Law Center says that despite recent legislative efforts to prevent the enforcement of international law, state governments are obligated to do so by the US Constitution...Some states and members of state legislatures have attempted to create legislation that would obviate … [read more]


Academic Commentary
2 Mar 2012

JURIST Contributing Editor Jordan Paust of the University of Houston Law Center says that while deciding Kiobel v. Royal Dutch Petroleum Company, the Supreme Court should be mindful of precedent that supports universal jurisdiction and corporate liability when it comes to human rights violations... Oral arguments in Kiobel v. Royal … [read more]


Legal News
28 Jun 2011
by Maureen Cosgrove

[JURIST] US State Department (DOS) [official website] legal adviser Harold Koh [academic profile] on Tuesday told the Senate Foreign Relations Committee (SFRC) [official website] that President Barack Obama is acting within the law [testimony materials] with respect to US military operations in Libya [JURIST backgrounder]. Koh testified that Obama's conduct … [read more]


Legal News
24 Jun 2011
by Zach Zagger

[JURIST] The US House of Representatives [official website] in two votes Friday sent contradictory messages over authorization of US military operations in Libya. First, the House overwhelmingly voted down 123-295 [roll call vote] a resolution [HJ RES 68] that would have authorized further operations in Libya. Then hours later, it … [read more]


Legal News
16 Jun 2011
by Julia Zebley

[JURIST] US President Barack Obama [official website] released a report [text] to Congress late on Wednesday, justifying the continued air strikes on Libya despite presumptive violation of the 1973 War Powers Resolution [50 USC § 1541 et seq.]. The report, "United States Activities in Libya," was released in response to … [read more]


Legal News
15 Jun 2011
by Julia Zebley

[JURIST] A group of 10 US congressmen filed a lawsuit [complaint, PDF] against President Barack Obama on Wednesday for circumventing Congress' authority by increasing military strikes against Libya. Representatives Dennis Kucinich (D-OH) and Walter Jones (R-NC) [official websites] held a press conference announcing [press release] the filing in the US … [read more]


Academic Commentary
29 May 2011

JURIST Guest Columnist Jordan Paust of the University of Houston Law Center says that the War Powers Resolution does not limit the president's options in Libya due to his constitutional authority and international obligations... President Obama has decided that the US will continue to participate with other NATO members in … [read more]


Academic Commentary
1 Feb 2011

JURIST Guest Columnist Jordan Paust of University of Houston Law Center says that revolutions occur in different manners around the world, including in the US, and suggests that the US and other members of the UN should change their foreign policies to reflect the values and hopes of the majority … [read more]


Academic Commentary
19 Nov 2010

JURIST Guest Columnist Jordan Paust of the University of Houston says recent evidence shows that the US has enabled certain Nazi war criminals to avoid prosecution, but that it is incumbent upon the government to end such impunity by actively prosecuting and/or extraditing suspects to stand trial... In the past, … [read more]


Legal News
30 Apr 2010
by Jonathan Cohen

[JURIST] The US government on Friday charged [indictment, PDF] two Brooklyn men with conspiracy to provide material support [18 USC § 2339B materials] to al Qaeda [GlobalSecurity backgrounder; JURIST news archive]. The two men allegedly received at least $50,000 for providing al Qaeda with "computer advice and assistance, services, and … [read more]


Legal News
30 Apr 2010
by Jonathan Cohen

[JURIST] The US government on Friday charged [indictment, PDF] two Brooklyn men with conspiracy to provide material support [18 USC § 2339B materials] to al Qaeda [GlobalSecurity backgrounder; JURIST news archive]. The two men allegedly received at least $50,000 for providing al Qaeda with "computer advice and assistance, services, and … [read more]


Academic Commentary
12 Mar 2010

JURIST Contributing Editor Jordan Paust of the University of Houston Law Center says regularly constituted military courts-martial could be a plausible third option for federal prosecution of members of al Qaeda and the Taliban outside of federal district courts or US military commissions.....Where should we be trying members of al … [read more]


Academic Commentary
2 Oct 2009

JURIST Contributing Editor Jordan Paust of the University of Houston Law Center says that to really deliver on his recent declaration at the UN that "international law is not an empty promise, and that Treaties will be enforced," President Obama should have pledged aggressive action to withdraw erroneous US reservations, … [read more]


Academic Commentary
15 Jun 2009

JURIST Contributing Editor Jordan Paust of the University of Houston Law Center says that a reconstituted military commission at Guantanamo Bay set up to only prosecute aliens would necessarily violate bilateral treaties, create a "denial of justice" for aliens under customary international law, and violate principles of human rights law … [read more]


Academic Commentary
20 May 2009

JURIST Guest Columnist Benjamin Davis of the University of Toledo College of Law says that the US Supreme Court's ruling in Ashcroft v. Iqbal suggests that the Court may be trying to set up a system wherein lower level officials can be held criminally liable for carrying out orders administered … [read more]


Academic Commentary
18 May 2009

JURIST Contributing Editor Jordan Paust of the University of Houston Law Center says that former Vice President Dick Cheney's statements about his direct involvement in the authorization of unlawful interrogation tactics such as waterboarding are clear evidence of complicity in international crime, if not also participation in a criminal conspiracy, … [read more]


Academic Commentary
8 May 2009

JURIST Contributing Editor Jordan Paust of the University of Houston Law Center says that former Secretary of State Condoleezza Rice's latest statements on waterboarding indicate her complicity in unlawful interrogation, and that she and others in the "inner circle" of the Bush administration should be held legally accountable under the … [read more]


Academic Commentary
22 Apr 2009

JURIST Contributing Editor Jordan Paust of the University of Houston Law Center says that far from providing real legal cover for CIA harsh interrogations, the newly disclosed second Bybee memo is a "smoking gun" providing further evidence of serial criminality and demonstrating beyond reasonable doubt why a memo writer is … [read more]

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