Use of Force

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UK Inquiry to Consider Legality of Iraq War and Appoints Former ICJ President, Dame Rosalyn Higgins as International Law Adviser

This past summer, British Prime Minister Gordon Brown announced the establishment of an inquiry into the UK's involvement in the Iraq War. The Iraq Inquiry, which is independent of the government, began work at the end of July.  The committee will consider events from the summer of 2001 until the end of July 2009 when all British forces left Iraq. This means that  the inquiry has a mandate to consider the lead up to the Iraq war, including the circumstances in which the decision was taken to commit the UK to the invasion, as well as the period of the conflict and the post conflict reconstruction. In establishing the inquiry, the Prime Minister stated that the "the primary objective of the committee will be to identify lessons learned. The committee will not set out to apportion blame or consider issues of civil or criminal liability." (see here at column 24, 2nd para) The Inquiry will be conducted by a team of five headed by a former civil servant, Sir John Chilcot. It includes an…

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Are the US Attacks in Pakistan an Armed Attack on Pakistan? A Rejoinder

I agree entirely with the first point that Professor Paust makes in his previous post , about the impossibility of imputing the non-state actor attacks to Pakistan due to incapacity. Certainly imputation doesn't make sense on these facts as he outlines them. However, the second point he makes goes to the heart of my question. Professor Paust asks,…

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Are US Attacks in Pakistan an Armed Attack on Pakistan? A Response to Timothy Waters

In a response to my previous post, Professor Timothy Waters, asks why it is that US attacks on non-State actors in Pakistan would not be acts of war against Pakistan. In this post, I attempt to answer that question. First, we can't impute al Qaeda or Taliban attacks on our soldiers, which are continuous and well-known, to…

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The United States’ Use of Drones in Pakistan

Editors Note: We feature below a discussion between a group of leading United States academics on the US's targeting of Taliban and Al Qaeda targets  in Pakistan. Each of the discussants is a  leading writer on international law, and on the use of force in particular.  We are delighted to post this discussion on EJIL:Talk! As usual, readers are invited to post…

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Discussion on Use of Force Postponed

We have decided to postpone the discussion of the articles in the EJIL Anniversary Symposium on Use of Force which I announced last week. Fear not, the discussion will take place! We now plan to hold the discussion later this year, when Issue 4 of this year’s EJIL is published. As announced on…

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