https://www.youtube.com/@RGoodLaw
Co-editor-in-chief @justsecurity.org. Chaired Prof at NYU Law. Former Chaired Prof Harvard. Former Special Counsel Defense Dept.
https://www.justsecurity.org/author/goodmanryan
Ryan Goodman is an American legal scholar who is the Anne and Joel Ehrenkranz Professor of Law at NYU School of Law and is the founding co-editor-in-chief of its website Just Security, which focuses on U.S. national security law and policy. Goodman joined the NYU faculty in 2009. .. more
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See updated answer to #10 in this Expert Q&A (with links to all the sources of authority).
Q&A by @tessbridgeman.bsky.social, @mikeschmitt.bsky.social and me.
Even if the second strike targeted the cocaine, it would be patently illegal and presumably in direct defiance of the standard Methodology that the military applies to planned lethal operations.
Did they apply it on Sept 2?
Persons who “would not be lawful military targets in the circumstances ruling at the time” must be considered in a collateral damage assessment.
Universally understood shipwrecked cannot be lawful military targets.
The laws of war (LOW) require anticipated "noncombatant" deaths must not be excessive in relation to expected military advantage to be gained (the possible cocaine).
Noncombatants defined to include shipwrecked.
The claim is that the second strike was targeting the (possible) cocaine, not the shipwrecked.
I do not see how that could have possibly complied with the Methodology.
Threshold question is how ANY of these strikes are legal.
On Sept 2 strike: question is whether they applied standard Collateral Damage Estimation Methodology.
Because look what it says (declassified 2012)⤵️
1/
Reposted by Kim L. Scheppele
National Institute of Military Justice Statement Against Secretary Hegseth’s Threats to Punish a Senator
(disclaimer: I'm a NIMJ Distinguished Fellow)
www.justsecurity.org/wp-content/u...
Senate Pushes Forward With Boat Strike Probe as House Pulls Back
Senate Armed Services Committee Chair Roger Wicker said he would “listen to his colleagues.”
Reposted by Mark Bray, Richard S.J. Tol, Colin F. Camerer , and 23 more Mark Bray, Richard S.J. Tol, Colin F. Camerer, Michael Wagner, Steve Peers, Jonathan Wolff, Rosemary A. Joyce, David Rothschild, Melissa Johnson, Fabián Muniesa, Rebecca Tushnet, Alan Richardson, David R. Miller, James Goodwin, Timothy Graham, Molly Scott Cato, Mark Rice, Peter Stegmaier, Ann Bartow, Henry Jones, Karen O’Leary, Olivier Mannoni, Nicole Guenther Discenza, Aviel Roshwald, Andrew Kydd, Ryan Goodman
BENNIE THOMPSON: Where is antifa headquartered?
GLASHEEN: ... ... ... we are building out the infrastructure right now
THOMPSON: What does that mean?
Many thanks to @marknevitt.bsky.social.
Especially valuable in light of WaPo's reporting today, which raises more questions than answers imo.
www.nytimes.com/2025/12/03/u...
Report on operations on the day of the Sept. 2 attack:
Last line in today's WaPo
www.washingtonpost.com/national-sec...
Except:
"On the day of the attack, the U.S. military had no personnel or equipment on hand to rescue anyone."
@justsecurity.org
"[Admiral] Bradley ... affirmed having sought real-time legal advice, but that he did not say whether his military lawyer considered the survivors shipwrecked and out of the fight."
Reposted by Ryan Goodman
"[Admiral] Bradley ... affirmed having sought real-time legal advice, but that he did not say whether his military lawyer considered the survivors shipwrecked and out of the fight."
@justsecurity.org
"[Admiral] Bradley ... affirmed having sought real-time legal advice, but that he did not say whether his military lawyer considered the survivors shipwrecked and out of the fight."
On left:
DOJ opposed unsealing USG declaration - "any information regarding those active discussions necessarily has the potential to impact those ongoing [diplomatic] discussions"
On right:
Unsealed document reveals no ongoing discussions.
Reposted by David R. Miller
That is shocking. Adopting Defendants’ interpretation ... would permit a president to create a perpetual police force comprised of state troops"
Reposted by David R. Miller
Trump’s troops must get out of Los Angeles, a federal judge rules.
(Ruling paused until Monday.)
Look out for more coverage soon at All Rise News.
"Defendants have sent California Guardsmen into other states, effectively creating a national police force made up of state troops."
DOJ's claim that re-federalization is "completely, and forever, unreviewable by the courts ... is contrary to law."
To try to FALSELY pit the Int'l Criminal Court v. Trump administration.
One of the reasons there's no prospect of ICC war crimes prosecutions for boats strikes is that NO prosecutor or judge would consider it an armed conflict!
Reposted by Ryan Goodman, David Darmofal
Trump’s troops must get out of Los Angeles, a federal judge rules.
(Ruling paused until Monday.)
Look out for more coverage soon at All Rise News.
Screenshot via www.reddit.com/r/AirForce/c...
Reposted by Juan Cole
“An artificial intelligence chatbot unveiled by Defense Secretary Pete Hegseth on Tuesday appears to have described airstrikes against suspected drug smugglers at sea as 'unambiguously illegal.'”
report by @mikaelthalen.bsky.social
1/2
Reposted by David R. Miller, Anne Norton
TOM COTTON: They were sitting or standing on top of a capsized boat. They weren't floating helplessly in the water
This line of response hurts the US and US servicemembers. It will cause long-term damage unless we get this right.
TOM COTTON: They were sitting or standing on top of a capsized boat. They weren't floating helplessly in the water
Any such opinion must discuss constitutional law, and constitutional law is not classified."
- Jeh Johnon op-ed
Reposted by Robert C. Richards
We provide a detailed review of the international law relevant to lethal operations against suspected drug boats
I teamed up with @mikeschmitt.bsky.social and @tessbridgeman.bsky.social
<<while the survivors were not armed, he said the mission identified the drugs as the threat to the U.S., effectively deeming the cocaine as the weapon that could endanger Americans>>
He told lawmakers the drugs were headed to Europe/Africa
Reposted by Rebecca Tushnet
Hors de combat is hors de combat. List doesn't affect that.
WWII Germans could have a list of American soldiers who can be killed. But if they're shipwrecked, killing them is a war crime.