Czech Yearbook Vol. 4 2013

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MAX HILAIRE CYIL 4 ȍ2013Ȏ
raids on suspected terrorist hideouts and in air campaigns. There were instances of
indiscriminate bombing and mistreatment of civilians detained by U.S. forces. The
United States also hired private military contractors to perform traditional military
operations. These contractors were granted full immunity under Iraqi law, and,
since they were not considered combatants, their activities were not regulated by the
Geneva Conventions.98
The Obama administration has taken a slightly different attitude toward
international law. The president has continued some of his predecessors’ policies,
modified some, but in some cases has embraced international law. President Obama
appointed Harold Hongju Koh as the Legal Advisor for the State Department, which
signaled his administration’s commitment to international law. Professor Koh, who is
the dean of Yale Law School, has been a vocal advocate for international law and sees
it as advancing U.S. interests. His many scholarly writings testify to his devotion to
the rule of law in international affairs.
Immediately upon taking office, President Obama signed two executive orders
banning the CIA from using harsh interrogation techniques against captured
terrorists. He also ordered the closing of the Guantanamo prison.99 However,
Congress has blocked the administration’s effort to do so. He also called for all
detainees in U.S. custody to be treated humanely. President Obama reversed some
of Bush’s more controversial policies that showed disdain for international law. The
president vowed to end the wars in Iraq and Afghanistan. President Obama withdrew
U.S. troops from Iraq, as promised, and is on schedule to withdraw all U.S. forces
from Afghanistan in 2014.
President Obama sought to improve relations with the Muslim world and offered
to negotiate with Iran and North Korea to end their nuclear programs. President
Obama showed a willingness to cooperate with the international community to
resolve international crises. He did not block efforts in the Security Council granting
authority to the ICC to issue a warrant for the arrest of President al-Bashir of Sudan.
The Security Council had previously referred the situation in Sudan to the ICC,
which led to the indictment of President al-Bashir on charges of genocide and crimes
against humanity for atrocities committed in Darfur.100
President Obama sent a delegation to the ICC review conference in Kampala,
Uganda, where the State Parties amended the Rome Statute to include the crime
of aggression in the jurisdiction of the court.101 President Obama also supported
98 Sean D. Murphy, United States Practice in International Law, Vol. 2:2002-2004, (2006), p. 345;
Ottavio Quirico, The Criminal responsibility of Private Military and Security Company Personnel under
International Humanitarian Law, p. 444, in Francesco Francioni & Natalino Ronzitti, eds., War by
Contract (2011).
99 President Obama Executive Order No. 13492, 47 Fed Reg. 4897 (Jan. 22, 2009).
100 Under SC Res. 1593 (2008), the Security Council voted to refer the situation in Darfur to the ICC.
101 Harold Hongju Koh, Speech at the Annual Meeting of the American Society of International Law,
Mar. 31, 2010, at .