Foreign Policy and International Law

INTRODUCTION

The recent conflict in Lebanon and Northern Israel, occurring between a state and a non-state armed opposition group on the territory of a state that has not itself taken up arms, raises distinct challenges for interpretation of international law related to armed conflict.

On July 4 and 5, 2006, the Democratic People's Republic of Korea (North Korea) test-fired seven unarmed missiles over the Sea of Japan.  One of them was a long-range missile, the Taepodong 2, which exploded and fell into the sea before it could complete its test flight.  If it had not gone down prematurely it is possible that it would have entered the airspace of Japan.

On June 28, 2006, the U.S.

International criticism of post-September 11 antiterrorism measures has come to a head with calls from the U.N. body monitoring the Convention against Torture and Other Cruel, Inhuman, Degrading Treatment or Punishment1 for several changes in U.S. policy - among them, a call for closure of the four-and-a-half-year-old detention camp at Guantánamo.

[Insight Editor's note: This Insight differs from the usual ASIL Insight in that it concerns an action taken by the ASIL itself.

Allegations have appeared in news reports that the United States is holding some terrorism suspects incommunicado and without trial in detention centers at undisclosed locations outside the United States, perhaps in Eastern Europe.  The United States government has not acknowledged the existence of any such detention facilities.  The discussion below is based on facts regarding the possible existence of such facilities as reported in news media, and is not intended to vouch for their accuracy.  The discussion is designed to point out the principal le