Comments for Anthony Clark Arend

Comment on Who Decides the Laws of War? by Max Lybbert

Max Lybbert — Mon, 28 Jan 2013 19:32:36 +0000

I recognize that this kind of tension is common between the civilian branches and the military. I find it interesting that the military’s legal positions are less aggressive than the Justice Department’s, at least in this case.

If I understand things, traditionally, the US could have held prisoners from Afghanistan until the cessation of hostilities. After the Supreme Court ruled on several of these cases, however, the US is now allowed to capture people in Afghanistan, but must show some evidence that they are actually combatants in order to hold them very long. But prisoners that have been shown to be combatants can be held until the cessation of hostilities.

So these tribunals are really about either punishing people in some way other than prison (say, execution), or detaining people after the war officially ends. Based on that, I think I can understand the military’s reluctance to set a a precedent that could be used against the US.

I don’t believe reciprocity has much of a track record of actually working. However, I don’t think the military actually believes reciprocity works, but instead believes that violations of reciprocity can justify military action.

Comment on China’s claim to the South China Sea by Charles E. Pirtle

Charles E. Pirtle — Tue, 29 Nov 2011 18:32:42 +0000

I would like to make just a few brief points about this issue. First, there is nothing new about this claim. China set forth its claim to all the islands located within the “cow’s tounge” in its 1992 law on the Chinese Territorial Sea and Contiguous Zone. My “old” Map students should recall that I used a map similar to the one used here that showed China’s claims to virtually all of the South China Sea. That map can be found on p. 120 of Michael Klare’s book, “Resource Wars, published in 2001. Second, the outline of the “cow’s tounge,” which consist of nine dashed lines around the islands, rocks and reefs of the South China Sea, first appeared on maps issed by the Nationalist Government of China in 1947; they were just maintained by the Communist Government when it took power in 1949.Third the issues raised by these claims are just one part of a multitude of different disputes that China has with its neighbors and the international community over sovereignty, jurisdiction, and the balance between coastal-states and maritime state rights in the South China Sea. For those interested, read Peter Dutton’s recent article, “Three Disputes and Three Objectives: China and the South China Sea,” in the current (Autumn 2001) issue of the Naval War College Review, which is available on-line.

Comment on The tragedy of 9/11 and the loss of the American soul by Taylor

Taylor — Wed, 14 Sep 2011 17:42:03 +0000

“The initial Allied response against al Qaeda and the Taliban in the fall of 2001 made perfect sense.”

Even this is debatable, as my most recent blog post illustrates. I’d propose that war (meaning large-scale, on-the-ground invasion as opposed to, say, a long-term CT operation) is simply the wrong tool to use when attempting to fight terrorism.

Back in 2008, Candidate Obama seemed to grasp this strategic lesson with startling clarity, promoting policy changes that would allow us to adapt to a new kind of threat. I wonder why President Obama forgot?

Comment on Christopher Clayton Joyner: In Memoriam by Lorna Lloyd

Lorna Lloyd — Tue, 13 Sep 2011 11:17:55 +0000

I was hugely saddened to learn of Chris’ death. He was a most congenial, helpful and supportive colleague on the International Law Section of the ISA. And, of course, a considerabel scholar. He will be greatly missed.

Comment on The tragedy of 9/11 and the loss of the American soul by Jonathan Dresner

Jonathan Dresner — Sun, 11 Sep 2011 22:51:22 +0000

Yes.

Comment on The tragedy of 9/11 and the loss of the American soul by Cindy Savadkin Williams

Cindy Savadkin Williams — Sun, 11 Sep 2011 17:56:30 +0000

Very well said. I am not proud of what we have become.

Comment on Bainbridge’s foreign policy prediction by Taylor

Taylor — Thu, 01 Sep 2011 14:28:08 +0000

Bold prediction, considering the likelihood of Iran’s current regime lasting 10 more years and the fact that China, thus far, has been extremely reticent to do anything avowedly anti-U.S.

Even if we were in cold wars with all those nations, that wouldn’t make our wars of choice a waste of lives and tax dollars. We don’t fight wars for the purpose of becoming friends with the country 10 years later. Rather, we fight wars, apparently, to give our enemies a pinata (U.S. Armed Forces) to swing at that is in their homeland rather than ours – a much smarter strategy, right?

Comment on Libya: A “coalition of convenience”? by Taylor Wray

Taylor Wray — Wed, 23 Mar 2011 23:51:50 +0000

That looks like an interesting read. I see a way the current Syria scenario might eventually undermine Kreps’ concepts, however.

If (as I fervently hope) Obama is smarter than most everyone thinks, he might be setting up a huge paradigm shift in U.S. foreign policy and international relations in general: multilateral coalition operations without default U.S. leadership.

Peter Feaver floated the idea today on FP’s Shadow Government (http://shadow.foreignpolicy.com/posts/2011/03/18/does_obamas_gamble_make_sense).

Comment on Former Colombian President, Alvaro Uribe, to teach at Georgetown University by Eduardo Sáenz Rovner

Eduardo Sáenz Rovner — Fri, 18 Feb 2011 14:12:01 +0000

Caballo Loco sounds like a Tea Party Narcolombian. ¡Qué ignorante! Typical of the narcolombian paramilitary thugs.

Comment on Armed Conflict breaks out between Cambodia and Thailand by Ratana

Ratana — Mon, 07 Feb 2011 08:36:54 +0000

The recent arm conflict broke out along the Cambodian-Thailand border reach to deadlock of bilateral talk. Thailand is not dare enough to solve the conflict on international stage.

I really get bore of it when International community urge both parties to have bilateral talk. Multilateral talk is really need now; the arm conflict now ruin the Preah Vihear Temple. So, the UN Security Council could take in consideration it as the international and regional issue.