Home -> Law Blog Directory -> Legal Commentary Blogs -> The Volokh Conspiracy
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Legal Commentary
: The Volokh ConspiracyWashington Post Editorializes in Praise of Harold Koh?s Drone Statement
By Kenneth Anderson
The Washington Post has an editorial today praising State Department Legal Adviser Harold Koh?s March 25 statement defending the legality of drone warfare (part of a long speech on several international law topics). The editorial specifically endorses the Legal Adviser?s invocation of self-defense as a separate ground for using force apart from armed conflict in a technical sense. (Needless to say, I?m pleased by the editorial.)
... Mr. Koh, an unflinching critic of Bush administration anti-terrorism tactics during his years in academia, cited domestic and international law as foundations for the program. The United States is engaged in an ?armed conflict? with al-Qaeda and its affiliates, Mr. Koh asserted, and ?individuals who are part of such an armed group are belligerents and, therefore, lawful targets under international law.?
He rightly rejected the absurd notion that enemy targets must be provided ?adequate process? before the strike occurs. ?A state that is engaged in an armed conflict or in legitimate self-defense is not required to provide targets with legal process before the state may use lethal force,? he concluded.
Mr. Koh?s reaffirmation of the right to self-defense ? even outside the confines of an existing armed conflict ? is particularly important. The Authorization for the Use of Military Force (AUMF) after Sept. 11, 2001, empowered the president to pursue those responsible for the attacks, including al-Qaeda and the Taliban. That authority may wane with time. But the right of self-defense is inherent and may be exercised against current and future enemies that pose an imminent threat, including those operating outside of traditional combat zones.
Copyright © 2010
This feed is for personal, non-commercial use only.
The use of this feed on other websites breaches copyright. If this content is not in your news reader, it makes the page you are viewing an infringement of the copyright. )
Full post as published by The Volokh Conspiracy on April 13, 2010 (boomark / email).
Washington Post WPO Securities Fraud
Washington Post WPO
Washington Post 401(k) / ERISA Stock Fraud
Washington Post 401(k) / ERISA Stock Fraud
Washington Car Accident
alleging liability for personal injuries caused by car, truck, bus, motorcycle or other vehicle accidents in Washington state.
Washington to Pay $13.7 Million to Demonstrators
Washington to Pay $13.7 Million to Demonstrators
PTDS class action
Veterans Post Traumatic Stress Disorder Class Action
Washington Mutual Bank Collapse
May File for Bankruptcy

Washington Post Editorializes on Election Day Registration in DC
Judge Colombo's asbestos ruling, cont'd
"New Hope" for school choice and Catholic schools in DC
CHARLES RANGEL UPDATE: The New York Post editorializes: Rep. Charlie Rangels multimillion-doll









