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	<title>Comments on: Reply to Henry Farrell, Part II</title>
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	<link>http://volokh.com/2009/10/27/reply-to-henry-farrell-part-ii/</link>
	<description>Commentary on law, public policy, and more</description>
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	<item>
		<title>By: TopGear</title>
		<link>http://volokh.com/2009/10/27/reply-to-henry-farrell-part-ii/comment-page-1/#comment-702191</link>
		<dc:creator>TopGear</dc:creator>
		<pubDate>Mon, 07 Dec 2009 02:24:07 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=20559#comment-702191</guid>
		<description>THATS WHAT HE SAID!!</description>
		<content:encoded><![CDATA[<p>THATS WHAT HE SAID!!</p>
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		<title>By: Posner vs Farrell &#124; Mothugg</title>
		<link>http://volokh.com/2009/10/27/reply-to-henry-farrell-part-ii/comment-page-1/#comment-689817</link>
		<dc:creator>Posner vs Farrell &#124; Mothugg</dc:creator>
		<pubDate>Wed, 18 Nov 2009 13:08:52 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=20559#comment-689817</guid>
		<description>[...] I sak ryker de ihop över FN:s råd för mänskliga rättigheter, efterträdaren till den ökända människorättskommissionen. Rådet domineras av illiberala stater och förutom att fördöma Israel sysslar den framför allt med att urvattna idén om internationella mänskliga rättigheter. Så varför ska liberala västerländska stater böja sig för MR-rådets illiberala majoritet? Det ligger inte i deras intresse att vara &#8221;the only group of states that will be condemned for [human rights] violations, giving a free pass to a larger group of states that, as it turns out, act much worse&#8221;, menar Posner. [...]</description>
		<content:encoded><![CDATA[<p>[...] I sak ryker de ihop över FN:s råd för mänskliga rättigheter, efterträdaren till den ökända människorättskommissionen. Rådet domineras av illiberala stater och förutom att fördöma Israel sysslar den framför allt med att urvattna idén om internationella mänskliga rättigheter. Så varför ska liberala västerländska stater böja sig för MR-rådets illiberala majoritet? Det ligger inte i deras intresse att vara &#8221;the only group of states that will be condemned for [human rights] violations, giving a free pass to a larger group of states that, as it turns out, act much worse&#8221;, menar Posner. [...]</p>
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	<item>
		<title>By: The Volokh Conspiracy &#187; Blog Archive &#187; Reply to Farrell, Part n</title>
		<link>http://volokh.com/2009/10/27/reply-to-henry-farrell-part-ii/comment-page-1/#comment-682159</link>
		<dc:creator>The Volokh Conspiracy &#187; Blog Archive &#187; Reply to Farrell, Part n</dc:creator>
		<pubDate>Tue, 03 Nov 2009 12:35:47 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=20559#comment-682159</guid>
		<description>[...] Henry Farrell replies to my replies. [...]</description>
		<content:encoded><![CDATA[<p>[...] Henry Farrell replies to my replies. [...]</p>
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		<title>By: Weekly Web Watch 10/26/09 – 11/1/09 &#171; EXECUTIVE WATCH</title>
		<link>http://volokh.com/2009/10/27/reply-to-henry-farrell-part-ii/comment-page-1/#comment-682100</link>
		<dc:creator>Weekly Web Watch 10/26/09 – 11/1/09 &#171; EXECUTIVE WATCH</dc:creator>
		<pubDate>Tue, 03 Nov 2009 06:30:51 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=20559#comment-682100</guid>
		<description>[...] Posner and Henry Farrell have had a running discussion on the laws of war and how they should be defined.  The key point of disagreement appears to be what role the United [...]</description>
		<content:encoded><![CDATA[<p>[...] Posner and Henry Farrell have had a running discussion on the laws of war and how they should be defined.  The key point of disagreement appears to be what role the United [...]</p>
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		<title>By: The Volokh Conspiracy &#187; Blog Archive &#187; Does the UN Human Rights Council cause states to treat their citizens better than they otherwise would?</title>
		<link>http://volokh.com/2009/10/27/reply-to-henry-farrell-part-ii/comment-page-1/#comment-681597</link>
		<dc:creator>The Volokh Conspiracy &#187; Blog Archive &#187; Does the UN Human Rights Council cause states to treat their citizens better than they otherwise would?</dc:creator>
		<pubDate>Mon, 02 Nov 2009 13:45:31 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=20559#comment-681597</guid>
		<description>[...] our exchange, Henry Farrell says that the answer is likely yes, noting that “there is good evidence that the [...]</description>
		<content:encoded><![CDATA[<p>[...] our exchange, Henry Farrell says that the answer is likely yes, noting that “there is good evidence that the [...]</p>
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		<title>By: cubanbob</title>
		<link>http://volokh.com/2009/10/27/reply-to-henry-farrell-part-ii/comment-page-1/#comment-679005</link>
		<dc:creator>cubanbob</dc:creator>
		<pubDate>Wed, 28 Oct 2009 02:18:19 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=20559#comment-679005</guid>
		<description>Jamming Israel is not the problem. Arabs occupying land that isn&#039;t theirs is the problem.
When are the Arabs getting out of the Kurdish lands, the Coptic lands and so many other lands they have conquered?</description>
		<content:encoded><![CDATA[<p>Jamming Israel is not the problem. Arabs occupying land that isn&#8217;t theirs is the problem.<br />
When are the Arabs getting out of the Kurdish lands, the Coptic lands and so many other lands they have conquered?</p>
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		<title>By: ArthurKirkland</title>
		<link>http://volokh.com/2009/10/27/reply-to-henry-farrell-part-ii/comment-page-1/#comment-678961</link>
		<dc:creator>ArthurKirkland</dc:creator>
		<pubDate>Wed, 28 Oct 2009 00:20:35 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=20559#comment-678961</guid>
		<description>I sense that no one is right about the Middle East.  The area has been a clustermuck for a long time.  Jamming Israel into the middle of it was a mistake to which much of the modern problem -- a noxious mix of superstition, violence, arrogance, vengeance, dogma, a crossfire of historical wrongs, international meddling, armaments and distrust -- can be traced.  All sides have their legitimate points, their just grievances, their mistakes, their misconduct, their advantages and disadvantages.  There are few, if any, white hats to be found in that region.

Unless and until someone identifies a way to make that region stable and anything other than a clustermuck, the less the United States exposes itself to that toxicity, the better.

I continue to believe the most sensible, cost-effective, humane and moral long-term approach might be to offer the Israelis a way out of there.  It certainly seems better than the current trajectory, which seems unlikely to be sustainable in the long term.</description>
		<content:encoded><![CDATA[<p>I sense that no one is right about the Middle East.  The area has been a clustermuck for a long time.  Jamming Israel into the middle of it was a mistake to which much of the modern problem &#8212; a noxious mix of superstition, violence, arrogance, vengeance, dogma, a crossfire of historical wrongs, international meddling, armaments and distrust &#8212; can be traced.  All sides have their legitimate points, their just grievances, their mistakes, their misconduct, their advantages and disadvantages.  There are few, if any, white hats to be found in that region.</p>
<p>Unless and until someone identifies a way to make that region stable and anything other than a clustermuck, the less the United States exposes itself to that toxicity, the better.</p>
<p>I continue to believe the most sensible, cost-effective, humane and moral long-term approach might be to offer the Israelis a way out of there.  It certainly seems better than the current trajectory, which seems unlikely to be sustainable in the long term.</p>
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		<title>By: Joe</title>
		<link>http://volokh.com/2009/10/27/reply-to-henry-farrell-part-ii/comment-page-1/#comment-678918</link>
		<dc:creator>Joe</dc:creator>
		<pubDate>Tue, 27 Oct 2009 22:49:23 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=20559#comment-678918</guid>
		<description>&lt;em&gt;For the folks in the neighborhoods Hezbollah has occupied international law is about as primitive as medieval law, where the folks who were armed could tell you to do whatever they wanted, and you had the choice to obey or die.&lt;/em&gt;

I&#039;m not sure what &#039;medieval law&#039; we are talking here. Feudal law, for instance, was a complex institution of interlocking obligation. Self interest alone required lords not to be total tyrants to their vassals and serfs. The church also put forth certain limits. Of course, like gang warfare on the streets these days, there were limits to control. But, that would not be a matter of &#039;law&#039; as such. 

Anyway, pointing to some forsaken place is not the best way to determine the state of &#039;law&#039; in general. If so, we can deem domestic law in this country &quot;primitive,&quot; particularly in the not so distant past. 

If Posner consistently wants to use &quot;primitive&quot; that would be a different matter.</description>
		<content:encoded><![CDATA[<p><em>For the folks in the neighborhoods Hezbollah has occupied international law is about as primitive as medieval law, where the folks who were armed could tell you to do whatever they wanted, and you had the choice to obey or die.</em></p>
<p>I&#8217;m not sure what &#8216;medieval law&#8217; we are talking here. Feudal law, for instance, was a complex institution of interlocking obligation. Self interest alone required lords not to be total tyrants to their vassals and serfs. The church also put forth certain limits. Of course, like gang warfare on the streets these days, there were limits to control. But, that would not be a matter of &#8216;law&#8217; as such. </p>
<p>Anyway, pointing to some forsaken place is not the best way to determine the state of &#8216;law&#8217; in general. If so, we can deem domestic law in this country &#8220;primitive,&#8221; particularly in the not so distant past. </p>
<p>If Posner consistently wants to use &#8220;primitive&#8221; that would be a different matter.</p>
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		<title>By: Dilan Esper</title>
		<link>http://volokh.com/2009/10/27/reply-to-henry-farrell-part-ii/comment-page-1/#comment-678805</link>
		<dc:creator>Dilan Esper</dc:creator>
		<pubDate>Tue, 27 Oct 2009 19:29:01 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=20559#comment-678805</guid>
		<description>I think conservatives don&#039;t understand that it is possible for a UN or NGO report to be (a) criticized by conservatives and (b) influential. Matt Yglesias has a nice example today on his blog-- Helsinki Watch, which did a tremendous amount of good while all the while being criticized as too soft by the American right.</description>
		<content:encoded><![CDATA[<p>I think conservatives don&#8217;t understand that it is possible for a UN or NGO report to be (a) criticized by conservatives and (b) influential. Matt Yglesias has a nice example today on his blog&#8211; Helsinki Watch, which did a tremendous amount of good while all the while being criticized as too soft by the American right.</p>
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		<title>By: LarryA</title>
		<link>http://volokh.com/2009/10/27/reply-to-henry-farrell-part-ii/comment-page-1/#comment-678787</link>
		<dc:creator>LarryA</dc:creator>
		<pubDate>Tue, 27 Oct 2009 18:59:18 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=20559#comment-678787</guid>
		<description>&lt;blockquote cite=&quot;comment-678762&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-678762&quot; rel=&quot;nofollow&quot;&gt;Joe&lt;/a&gt;&lt;/strong&gt;: International law has been around for centuries as I recall. It in fact goes back to ancient times in some respects. How “primitive” is it really?
&lt;/blockquote&gt;

For the folks in the neighborhoods Hezbollah has occupied international law is about as primitive as medieval law, where the folks who were armed could tell you to do whatever they wanted, and you had the choice to obey or die.</description>
		<content:encoded><![CDATA[<blockquote cite="comment-678762">
<p><strong><a href="#comment-678762" rel="nofollow">Joe</a></strong>: International law has been around for centuries as I recall. It in fact goes back to ancient times in some respects. How “primitive” is it really?
</p></blockquote>
<p>For the folks in the neighborhoods Hezbollah has occupied international law is about as primitive as medieval law, where the folks who were armed could tell you to do whatever they wanted, and you had the choice to obey or die.</p>
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		<title>By: Joe</title>
		<link>http://volokh.com/2009/10/27/reply-to-henry-farrell-part-ii/comment-page-1/#comment-678762</link>
		<dc:creator>Joe</dc:creator>
		<pubDate>Tue, 27 Oct 2009 18:25:51 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=20559#comment-678762</guid>
		<description>&lt;em&gt;Let us suppose that the Goldstone report was reasonable and fair (I have not read it, so I have no opinion on this issue).  It is worth recalling that it was commissioned by the Human Rights Council, and would not have taken place but for the decision of that institution. &lt;/em&gt;

I won&#039;t pre-judge it but (have you read Andy Sullivan?) the people who wrote it can&#039;t really be trusted so (implied) why should I bother? He then puts forth the HRC just whip Israel sentiment of some around here, though darn if it repeatedly has been shown to be false. 

Oh, it also puts forth &quot;bland and uninformative periodic reviews of the human rights practices&quot; ... bland and uninformative to whom? 

Why should I take this guy seriously?  

BTW ...

how does being upset that a resolution, which often is a statement of purpose or something that spells out the function of something, on wrongdoing in Gaza that does not reference the Hamas become &quot;some issue that had zero to do with the report itself&quot;

Zero? It has just a tad to do with it, doesn&#039;t it? This very post underlines how worries about bias leads to people not taking certain things seriously. 
&lt;em&gt;International law needs institutions if it’s to get beyond its primitive state,&lt;/em&gt;

International law has been around for centuries as I recall. It in fact goes back to ancient times in some respects. How &quot;primitive&quot; is it really?

Again, why should I take this guy seriously?</description>
		<content:encoded><![CDATA[<p><em>Let us suppose that the Goldstone report was reasonable and fair (I have not read it, so I have no opinion on this issue).  It is worth recalling that it was commissioned by the Human Rights Council, and would not have taken place but for the decision of that institution. </em></p>
<p>I won&#8217;t pre-judge it but (have you read Andy Sullivan?) the people who wrote it can&#8217;t really be trusted so (implied) why should I bother? He then puts forth the HRC just whip Israel sentiment of some around here, though darn if it repeatedly has been shown to be false. </p>
<p>Oh, it also puts forth &#8220;bland and uninformative periodic reviews of the human rights practices&#8221; &#8230; bland and uninformative to whom? </p>
<p>Why should I take this guy seriously?  </p>
<p>BTW &#8230;</p>
<p>how does being upset that a resolution, which often is a statement of purpose or something that spells out the function of something, on wrongdoing in Gaza that does not reference the Hamas become &#8220;some issue that had zero to do with the report itself&#8221;</p>
<p>Zero? It has just a tad to do with it, doesn&#8217;t it? This very post underlines how worries about bias leads to people not taking certain things seriously.<br />
<em>International law needs institutions if it’s to get beyond its primitive state,</em></p>
<p>International law has been around for centuries as I recall. It in fact goes back to ancient times in some respects. How &#8220;primitive&#8221; is it really?</p>
<p>Again, why should I take this guy seriously?</p>
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		<title>By: Sigivald</title>
		<link>http://volokh.com/2009/10/27/reply-to-henry-farrell-part-ii/comment-page-1/#comment-678733</link>
		<dc:creator>Sigivald</dc:creator>
		<pubDate>Tue, 27 Oct 2009 18:00:55 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=20559#comment-678733</guid>
		<description>&lt;blockquote cite=&quot;comment-678671&quot;&gt;
&lt;strong&gt;&lt;a href=&quot;#comment-678671&quot; rel=&quot;nofollow&quot;&gt;ArthurKirkland&lt;/a&gt;&lt;/strong&gt;: 
Was that the day Israel used cluster bombs?
&lt;/blockquote&gt;

&quot;Cluster bombs&quot; in themselves do not violate the Geneva Conventions or the traditional laws of war (which is why crusaders are trying, without significant success, to &quot;ban&quot; their use in a separate treaty).

Using them in Lebanon &lt;I&gt;against militarized targets&lt;/i&gt; likewise is not a violation of the Conventions or the laws of war.

Given that Hezbollah militarized entire neighborhoods and &quot;civilian areas&quot; precisely to cause the sort of faux-war-crime you&#039;re suggesting here, I&#039;m not seeing the problem with &lt;I&gt;Israel&#039;s&lt;/i&gt; actions in response.

See, when you use civilians as a defense (or as an offense, by attacking knowing that the counterattack will harm them and aid your cause in public relations) you &lt;I&gt;break the laws of war and violate the Conventions&lt;/i&gt;, thus stripping yourself of their protection - and unlike the professional worrying class of NGO employees I don&#039;t see using BLU-63s on a militarized target as automatically criminal. (Despite what Wikipedia&#039;s quotes suggest, an u-ndetonated BLU-63 munition is not &quot;basically a land mine&quot;, since it&#039;s spin-armed. Merely touching it or stepping on it is staggeringly unlikely to set it off.)

The idea here is that if doing so did &lt;I&gt;not&lt;/i&gt; strip you of their protection and open you to counterattack without regard for their niceties, nobody would ever obey the Conventions because it would be done entirely asymmetrically and nobody would be willing to pay the high price of &quot;playing nice&quot; for nothing in return.

Thus Hezbollah stations combatants in civilian buildings or areas, and even attacks from them... and &lt;I&gt;you&lt;/i&gt; condemn Israel for war crimes and &quot;breaking the Geneva Conventions&quot; when fighting back, because civilians are in the area?

Congratulations - you have successfully done your part to &lt;I&gt;undermine&lt;/i&gt; the Conventions and the laws of war by selectively ignoring their violation, such that any entity that attempted to obey them to &lt;I&gt;your&lt;/i&gt; satisfaction would find itself hamstrung by an opponent you happily ignore violating them ... and at a far more fundamental level, using civilians willfully as shields or propaganda victims.

If you ever wonder why shrill complaints about &quot;war crimes&quot; are laughed at in such contexts, well... now you know.</description>
		<content:encoded><![CDATA[<blockquote cite="comment-678671"><p>
<strong><a href="#comment-678671" rel="nofollow">ArthurKirkland</a></strong>:<br />
Was that the day Israel used cluster bombs?
</p></blockquote>
<p>&#8220;Cluster bombs&#8221; in themselves do not violate the Geneva Conventions or the traditional laws of war (which is why crusaders are trying, without significant success, to &#8220;ban&#8221; their use in a separate treaty).</p>
<p>Using them in Lebanon <i>against militarized targets</i> likewise is not a violation of the Conventions or the laws of war.</p>
<p>Given that Hezbollah militarized entire neighborhoods and &#8220;civilian areas&#8221; precisely to cause the sort of faux-war-crime you&#8217;re suggesting here, I&#8217;m not seeing the problem with <i>Israel&#8217;s</i> actions in response.</p>
<p>See, when you use civilians as a defense (or as an offense, by attacking knowing that the counterattack will harm them and aid your cause in public relations) you <i>break the laws of war and violate the Conventions</i>, thus stripping yourself of their protection &#8211; and unlike the professional worrying class of NGO employees I don&#8217;t see using BLU-63s on a militarized target as automatically criminal. (Despite what Wikipedia&#8217;s quotes suggest, an u-ndetonated BLU-63 munition is not &#8220;basically a land mine&#8221;, since it&#8217;s spin-armed. Merely touching it or stepping on it is staggeringly unlikely to set it off.)</p>
<p>The idea here is that if doing so did <i>not</i> strip you of their protection and open you to counterattack without regard for their niceties, nobody would ever obey the Conventions because it would be done entirely asymmetrically and nobody would be willing to pay the high price of &#8220;playing nice&#8221; for nothing in return.</p>
<p>Thus Hezbollah stations combatants in civilian buildings or areas, and even attacks from them&#8230; and <i>you</i> condemn Israel for war crimes and &#8220;breaking the Geneva Conventions&#8221; when fighting back, because civilians are in the area?</p>
<p>Congratulations &#8211; you have successfully done your part to <i>undermine</i> the Conventions and the laws of war by selectively ignoring their violation, such that any entity that attempted to obey them to <i>your</i> satisfaction would find itself hamstrung by an opponent you happily ignore violating them &#8230; and at a far more fundamental level, using civilians willfully as shields or propaganda victims.</p>
<p>If you ever wonder why shrill complaints about &#8220;war crimes&#8221; are laughed at in such contexts, well&#8230; now you know.</p>
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		<title>By: Abdul Abulbul Amir</title>
		<link>http://volokh.com/2009/10/27/reply-to-henry-farrell-part-ii/comment-page-1/#comment-678727</link>
		<dc:creator>Abdul Abulbul Amir</dc:creator>
		<pubDate>Tue, 27 Oct 2009 17:52:56 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=20559#comment-678727</guid>
		<description>About the only this &quot;report&quot; does is to confirm that the UN is a joke.</description>
		<content:encoded><![CDATA[<p>About the only this &#8220;report&#8221; does is to confirm that the UN is a joke.</p>
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		<title>By: Assistant Village Idiot</title>
		<link>http://volokh.com/2009/10/27/reply-to-henry-farrell-part-ii/comment-page-1/#comment-678705</link>
		<dc:creator>Assistant Village Idiot</dc:creator>
		<pubDate>Tue, 27 Oct 2009 17:20:46 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=20559#comment-678705</guid>
		<description>marc hits on an underappreciated piece of the human rights discussions in an international context.  Reverting to the shorthand of thinking &quot;The Nigerians voted for...The Russians voted for...The Sudanese voted for...&quot; is fairly automatic for most readers.  One has to make an effort to remember that those &lt;em&gt;nations&lt;/em&gt; have not voted for or against something, the &lt;em&gt;governments&lt;/em&gt; of those countries, some risibly unrepresentative of their people, have voted.  This warps our impression of what &quot;international opinion&quot; actually is.  In the many situations where citizens receive only government-approved information, we might well question whether a human rights opinion from that government has any real meaning at all.</description>
		<content:encoded><![CDATA[<p>marc hits on an underappreciated piece of the human rights discussions in an international context.  Reverting to the shorthand of thinking &#8220;The Nigerians voted for&#8230;The Russians voted for&#8230;The Sudanese voted for&#8230;&#8221; is fairly automatic for most readers.  One has to make an effort to remember that those <em>nations</em> have not voted for or against something, the <em>governments</em> of those countries, some risibly unrepresentative of their people, have voted.  This warps our impression of what &#8220;international opinion&#8221; actually is.  In the many situations where citizens receive only government-approved information, we might well question whether a human rights opinion from that government has any real meaning at all.</p>
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		<title>By: Crunchy Frog</title>
		<link>http://volokh.com/2009/10/27/reply-to-henry-farrell-part-ii/comment-page-1/#comment-678691</link>
		<dc:creator>Crunchy Frog</dc:creator>
		<pubDate>Tue, 27 Oct 2009 17:02:09 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=20559#comment-678691</guid>
		<description>I find it hard to believe that Bibi Netanyahu spends anything more than a millisecond being &quot;worried and upset&quot; about garden-variety UN douchebaggery.</description>
		<content:encoded><![CDATA[<p>I find it hard to believe that Bibi Netanyahu spends anything more than a millisecond being &#8220;worried and upset&#8221; about garden-variety UN douchebaggery.</p>
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		<title>By: egd</title>
		<link>http://volokh.com/2009/10/27/reply-to-henry-farrell-part-ii/comment-page-1/#comment-678682</link>
		<dc:creator>egd</dc:creator>
		<pubDate>Tue, 27 Oct 2009 16:41:04 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=20559#comment-678682</guid>
		<description>&lt;blockquote cite=&quot;comment-678671&quot;&gt;
&lt;strong&gt;&lt;a href=&quot;#comment-678671&quot; rel=&quot;nofollow&quot;&gt;ArthurKirkland&lt;/a&gt;&lt;/strong&gt;: Gargantuan volumes of American assistance — from dollars to weapons technology (gifted, sold or stolen), and from guarantees to blood — probably should come with strings attached.
&lt;/blockquote&gt;
Does the same standard apply to those who are arming the Palestinian terrorists?  And by terrorists I mean those who kill innocent civilians, rather than those who attack the (arguably) legitimate targets of the IDF.

Or is this another &quot;America shouldn&#039;t do X because I said so&quot; argument?</description>
		<content:encoded><![CDATA[<blockquote cite="comment-678671"><p>
<strong><a href="#comment-678671" rel="nofollow">ArthurKirkland</a></strong>: Gargantuan volumes of American assistance — from dollars to weapons technology (gifted, sold or stolen), and from guarantees to blood — probably should come with strings attached.
</p></blockquote>
<p>Does the same standard apply to those who are arming the Palestinian terrorists?  And by terrorists I mean those who kill innocent civilians, rather than those who attack the (arguably) legitimate targets of the IDF.</p>
<p>Or is this another &#8220;America shouldn&#8217;t do X because I said so&#8221; argument?</p>
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		<title>By: ArthurKirkland</title>
		<link>http://volokh.com/2009/10/27/reply-to-henry-farrell-part-ii/comment-page-1/#comment-678671</link>
		<dc:creator>ArthurKirkland</dc:creator>
		<pubDate>Tue, 27 Oct 2009 16:27:53 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=20559#comment-678671</guid>
		<description>&lt;blockquote&gt;&lt;em&gt;One day this might cause an IDF commander to decide that it’s not worth endangering himself or his troops to follow the Geneva conventions&lt;/em&gt;&lt;/blockquote&gt;

Was that the day Israel used cluster bombs?

Gargantuan volumes of American assistance -- from dollars to weapons technology (gifted, sold or stolen), and from guarantees to blood -- probably should come with strings attached.</description>
		<content:encoded><![CDATA[<blockquote><p><em>One day this might cause an IDF commander to decide that it’s not worth endangering himself or his troops to follow the Geneva conventions</em></p></blockquote>
<p>Was that the day Israel used cluster bombs?</p>
<p>Gargantuan volumes of American assistance &#8212; from dollars to weapons technology (gifted, sold or stolen), and from guarantees to blood &#8212; probably should come with strings attached.</p>
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		<title>By: marc</title>
		<link>http://volokh.com/2009/10/27/reply-to-henry-farrell-part-ii/comment-page-1/#comment-678666</link>
		<dc:creator>marc</dc:creator>
		<pubDate>Tue, 27 Oct 2009 16:15:16 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=20559#comment-678666</guid>
		<description>I&#039;ve never understood how &quot;international law&quot; can have any legitimacy as long as it reflects the consent of the governments and not the consent of the governed. Treaties are one thing, unelected governments declaring that elected governments are acting &#039;illegally&#039; is another.  Even elected governments telling one another how to behave seems suspect to me.</description>
		<content:encoded><![CDATA[<p>I&#8217;ve never understood how &#8220;international law&#8221; can have any legitimacy as long as it reflects the consent of the governments and not the consent of the governed. Treaties are one thing, unelected governments declaring that elected governments are acting &#8216;illegally&#8217; is another.  Even elected governments telling one another how to behave seems suspect to me.</p>
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		<title>By: Engineer</title>
		<link>http://volokh.com/2009/10/27/reply-to-henry-farrell-part-ii/comment-page-1/#comment-678657</link>
		<dc:creator>Engineer</dc:creator>
		<pubDate>Tue, 27 Oct 2009 16:05:00 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=20559#comment-678657</guid>
		<description>&lt;i&gt;They abstained from adopting a *report* because they were not happy about some wording in the adoption resolution? I.e., about some issue that had zero to do with the report itself?&lt;/i&gt;

Convenient isn&#039;t it?  Enables them to avoid endorsing a severely flawed but popular report on procedural grounds</description>
		<content:encoded><![CDATA[<p><i>They abstained from adopting a *report* because they were not happy about some wording in the adoption resolution? I.e., about some issue that had zero to do with the report itself?</i></p>
<p>Convenient isn&#8217;t it?  Enables them to avoid endorsing a severely flawed but popular report on procedural grounds</p>
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		<title>By: Anderson</title>
		<link>http://volokh.com/2009/10/27/reply-to-henry-farrell-part-ii/comment-page-1/#comment-678641</link>
		<dc:creator>Anderson</dc:creator>
		<pubDate>Tue, 27 Oct 2009 15:24:27 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=20559#comment-678641</guid>
		<description>&lt;em&gt;(In the case of the Goldstone report, some European countries abstained rather than voting no because they objected to the Council’s failure to mention Hamas in its resolution adopting the report.)&lt;/em&gt;  

Wait.  They abstained from adopting a *report* because they were not happy about some wording in the adoption resolution?  I.e., about some issue that had zero to do with the report itself?</description>
		<content:encoded><![CDATA[<p><em>(In the case of the Goldstone report, some European countries abstained rather than voting no because they objected to the Council’s failure to mention Hamas in its resolution adopting the report.)</em>  </p>
<p>Wait.  They abstained from adopting a *report* because they were not happy about some wording in the adoption resolution?  I.e., about some issue that had zero to do with the report itself?</p>
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		<title>By: wm13</title>
		<link>http://volokh.com/2009/10/27/reply-to-henry-farrell-part-ii/comment-page-1/#comment-678617</link>
		<dc:creator>wm13</dc:creator>
		<pubDate>Tue, 27 Oct 2009 14:29:17 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=20559#comment-678617</guid>
		<description>I don&#039;t understand Farrell&#039;s argument.  Why is it &quot;better than nothing&quot; if Israel, a no doubt imperfect but basically democratic and law-abiding state, is condemned, while China (say) is not?  The undermining of small democratic states in favor of large repressive ones seems like a net plus only if you visualize yourself as part of the ruling elite of one of the latter states.</description>
		<content:encoded><![CDATA[<p>I don&#8217;t understand Farrell&#8217;s argument.  Why is it &#8220;better than nothing&#8221; if Israel, a no doubt imperfect but basically democratic and law-abiding state, is condemned, while China (say) is not?  The undermining of small democratic states in favor of large repressive ones seems like a net plus only if you visualize yourself as part of the ruling elite of one of the latter states.</p>
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		<title>By: engineer</title>
		<link>http://volokh.com/2009/10/27/reply-to-henry-farrell-part-ii/comment-page-1/#comment-678612</link>
		<dc:creator>engineer</dc:creator>
		<pubDate>Tue, 27 Oct 2009 14:19:20 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=20559#comment-678612</guid>
		<description>Farrell is right that kangaroo sanctions such as the Goldstone report can influence the actions of states.  

States know that no matter how much it attempts to limit civilian casualties, any high profile military action that Israel takes will be condemned as a war crime.  

One day this might cause an IDF commander to decide that it&#039;s not worth endangering himself or his troops to follow the Geneva conventions since he will be condemned no matter what he does.

And we know full well that such activities by the UN embolden Hamas, Hezbollah and their Iranian/Syrian sponsors because not only do their actions terrorize Israelis but any Israeli response wins international approbrium.</description>
		<content:encoded><![CDATA[<p>Farrell is right that kangaroo sanctions such as the Goldstone report can influence the actions of states.  </p>
<p>States know that no matter how much it attempts to limit civilian casualties, any high profile military action that Israel takes will be condemned as a war crime.  </p>
<p>One day this might cause an IDF commander to decide that it&#8217;s not worth endangering himself or his troops to follow the Geneva conventions since he will be condemned no matter what he does.</p>
<p>And we know full well that such activities by the UN embolden Hamas, Hezbollah and their Iranian/Syrian sponsors because not only do their actions terrorize Israelis but any Israeli response wins international approbrium.</p>
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