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Part 1: Toward A Jurisprudence of Conscience

Without doubt such societal efforts to bring at large war criminals to symbolic justice should become a feature of the growing demand around the world for real democracy sustained by a rule of law that does not exempt from responsibility the rich and powerful whether they are acting internally or internationally.

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Criminalizing diplomacy: fanning the flames of the Iran War option

How many times have we heard in recent weeks either outright threats to attack Iran mainly emanating from Israel or the more muted posture adopted by the United States that leaves ‘all options’ on the table including ‘the military option’? What has Iran done to justify this frantic war-mongering in a strategic region that is sorting out the contradictory effects of [...]

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Libya after Muammar el-Qaddafi’s execution

The death of the despised despot who ruled Libya for forty-two years naturally produced celebrations throughout the country. Muammar el-Qaddafi’s end was bloody and vindictive, but we should remember that his rants against his own people—and his violent repression of what was initially a peaceful uprising—invited a harsh popular response. Recalling W.H. Auden’s famous line, “Those to whom evil [...]

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Who sold Gaddafi his guns? Mostly Europe.

Arms sales to Libya in the 5 years proceeding the conflict came mostly came from European nations, including Italy ($432m), Serbia ($67m), and the UK ($57m).

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Can humanitarian intervention ever be humanitarian?

Not since the debate about the Kosovo War of 1999 has there been such widespread discussion of humanitarian intervention, including the semantics of coupling ‘humanitarian’ with the word ‘intervention.’ At one extreme of this debate about language stands Gareth Evans, former Foreign Minister of Australia, who is a staunch advocate of displacing the discourse on ‘humanitarian intervention’ [...]

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Drone attacks: American citizens and foreign civilians

The execution of Anwar al-Awlaki, an American-Yemeni imam, by a drone attack in Yemen on September 30, 2011  has generated a lively debate among liberally minded lawyers in the United States because al-Awlaki was an American citizen. The implication in some of the discourse is that emphasising the American citizenship of the victim is more likely to induce an American court [...]

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