Polarbear1605:

Yup; since we have wound down Iraq and soon will in Astan, a presidential pardon review is called for in all of those cases.

David:

from David:
Do such laws have international jurisdiction themselves, or is it the result of incorporation into national law?
Both. The degree of independent international jurisdiction inherent in the criminal law system, vice incorporation of international jurisdiction via positive domestic law, varies greatly from country to country. As a general rule, the US requires incorporation of international jurisdiction via positive domestic law. The US exceptions allowing independent international jurisdiction are limited and not material here - and, in any event, rest on various self-executing provisions of the US Constitution.

from David:
Now a civil action here is quite different and that is where the alliance of activists and human rights lawyers are "making hay", nibbling away at the government's arguments. Hence the attempt to enable civil court procedures to have information i.e intelligence material heard by the judge only, without challenge or disclosure to the plaintiff.
In specific areas, e.g., civil suits for information, the UK and the US are different. See, Peto & Tyrie, Neither Just nor Secure - The Justice and Security Bill (2013) for the UK view. And, for other readers to hand clap David, he took time to pass me this reference by PM.

The US view is typified by the case mentioned by Carl, who is going to be renamed "Bloodhound".

Running our Advanced Search - Keyword(s): classified evidence ; Posts Made By: jmm99 - I just got 50 hits, So, if anyone wants, they are there.

Carl:

from Carl:
To layman she is describing a situation where nobody knows what the law is or why it is and nobody will discuss it.
Colleen McMahon knows exactly what the law is as to (1) drone strikes; (2) as to classified evidence; (3) as to limits on request for information. She also knows exactly what she thinks the law should be. Her dilemma was being caught between the law ruling the case and what law she would like to rule the case.

No one in this international law debate is stupid or ignorant. Almost all (including yours truly) graduated from elite law schools with honors, were law review editors at their schools, and have had some post-law school experience among the political elite (judicial clerkships, international law firms, USG or UN experience, etc.). Some are among the current political elite (e.g., President Obama); some are not (yours truly).

There are two cases, which started in the S.D. of New York (Manhattan), which I decided not to post at the district court level because, at this stage of the game, the appellate decisions are what matter. But since the Bloodhound has sniffed the sausage in the bag, here are some links (from Lawfare).

First, Judge McMahon.

Summary Judgment for the Government in Targeted Killing FOIA Request (by Raffaela Wakeman, January 2, 2013).

Judge McMahon's 75-page opinion.

Second, Judge Forrest.

Katherine B. Forrest (Wiki)

Federal Judge Enjoins Section 1021 of the FY2012 NDAA (by Steve Vladeck, May 16, 2012)

Out today, a 68-page opinion from Judge Katherine Forrest of the U.S. District Court for the Southern District of New York, entering a preliminary injunction barring the federal government from enforcing the substantive detention authority codified by the FY2012 NDAA on the ground that enforcement of the relevant provision (section 1021) might interfere with the plaintiffs’ First and Fifth Amendment rights. There’s a lot here, including the central holding (that the NDAA is not merely a “reaffirmation” of the AUMF), but I haven’t had the chance to read it carefully yet. Suffice it to say, I imagine folks will have more to say about the ruling in Hedges v. Obama over the next few days…
Judge Forrest's 68-page opinion.

Judge Forrest Issues Permanent Injunction in Hedges (by Benjamin Wittes, September 12, 2012).

I haven’t read it yet, but here it is.
Judge Forrest's 112-page opinion.

This decision has been permanently stayed until the 2nd Circuit Court of Appeals enters its decision. See Wiki - Hedges v Obama. An important case, but I figured on waiting for the 2nd Circuit since the injunction is stayed, despite the eminent list pf plaintiffs.

Hopes this helps, though it's a bit "weedy" in the opinions.

Thank you, all three, for the input.

Regards

Mike