Law of War
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Essay,
Jan/Feb
2010
Some threats to international security are so potentially damaging that preventing them in advance is preferable to remedying their effects. In such cases, states should judge preventive actions by a standard of legitimacy, not strict legality.
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Author Interview,
May 22, 2009
This week, Kenneth Roth answers questions submitted by readers about President Barack Obama's plans to close the detention facility at Guantánamo Bay.
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Postscript,
March 12, 2009
President Barack Obama plans to close the detention facility at Guantánamo Bay, Cuba. The United States should move the prisoners currently held there into the criminal justice system and hold trials as soon as possible.
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Review Essay,
Jul/Aug
2008
Benjamin Wittes’ Law and the Long War is required reading for anyone interested in the legal challenges posed by the war on terror.
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Comment,
May/June
2008
The Obama administration has decided to try Khalid Sheikh Mohammed and other alleged 9/11 plotters in federal court in New York. In a 2008 essay, Kenneth Roth outlined why and how the U.S. government should use the criminal justice system to prosecute terrorists.
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Essay,
Nov/Dec
2006
Reports that U.S. troops may have killed 24 civilians in Haditha, Iraq, last November have renewed fears that the U.S. military routinely violates the laws of war. But is the Haditha incident the exception or the rule? In fact, U.S. compliance with noncombatant immunity in Iraq has been relatively high by historical standards, and it has been improving since the beginning of the war.
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Essay,
Nov/Dec
2004
The 18 months since the launch of the Iraq war have left the country's hard-earned respect and credibility in tatters. In going to war without a legal basis or the backing of traditional U.S. allies, the Bush administration brazenly undermined Washington's long-held commitment to international law, its acceptance of consensual decision-making, its reputation for moderation, and its identification with the preservation of peace. The road back will be a long and hard one.
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