International Law in the Public Forum: The New York Times and the Libyan Chemical Weapons Plant
Nations typically act first and worry about legalities afterwards. International lawyers thus find themselves relegated, for the most part, to the passive role of sorting out rationalizations of past events. Once in a while, however, when a democratic government is contemplating an action that is legally questionable, international lawyers may have a chance to play a more active role. The government at that time might decide to introduce the issue of the legality of its contemplated action into the public forum, either in the hope that open debate may help pave the way for public acceptance of whatever action the government ultimately chooses to take or, more charitably, in a genuine search for the public will on the matter. The primary forums are the daily media aimed at an informed readership—in the United States, one thinks of the editorial pages of the New York Times and the Washington Post. In contrast, a quarterly journal such as the American Journal of International Law in nearly all cases is not published on a timely enough basis to influence specific planned policy initiatives.