Two new excellent accounts about why the torture program won’t be revived

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November 28, 2016

I strongly recommend this post by Jack Goldsmith and this article by Matt Apuzzo and James Risen, following up on this excellent Just Security post by Alex Whiting. 

Featured Articles

An Opportunity for Congress to Require Transparency of the Executive’s International Agreements

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Biden Team’s Litigation Tactics on Guantanamo Undercut Biden Policy to Close the Prison

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Federal Agencies Face April Deadline on Secret JFK Files

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The Public Should Have Access to the Surveillance Court’s Opinions

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Why Must Central American Asylum Seekers Risk Their Lives to Reach the US? There is an Alternative.

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Litigation Tracker: Pending Criminal and Civil Cases Against Donald Trump

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Litigation Tracker: Major Decisions Facing the Biden Administration

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Recap of Recent Articles on Just Security (April 10-16)

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SolarWinds: Accountability, Attribution, and Advancing the Ball

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We’re From the Government, We’re Here to Help: The FBI and the Microsoft Exchange Hack

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Limited Sanctions Will Not Deter Putin, But They Are a Fine Start

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US Treasury Provides Missing Link: Manafort’s Partner Gave Campaign Polling Data to Kremlin in 2016

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Fighting the ‘International Thief Thief’ with Global Magnitsky Sanctions

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Reauthorizing and Strengthening the Global Magnitsky Act

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Congress Must Reform Sanctions Law to Avoid ICC Penalties from Happening Again

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China’s Dystopian “New IP” Plan Shows Need for Renewed US Commitment to Internet Governance

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Should the COVID-19 Vaccine Be Required for the Military?

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Team of Legal Gladiators? Iraqi Militias’ Tortured Relationship with Law

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Recap of Recent Articles on Just Security (April 5-9)

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Deciphering Iran’s Position on Restoring the Nuclear Deal

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The U.S. Water and Wastewater Crisis – How Many Wake-up Calls Are Enough?

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Gender Equality is Fundamental to Promoting Democracy

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Investigating a Crisis: A Comparison of Six U.S. Congressional Investigatory Commissions

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To Fix the Immigration System, We Need To Start With Immigration Courts

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Lack of Officials’ Cultural Competency Will Hamper Hate Crimes Laws

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Recap of Recent Articles on Just Security (March 27-April 2)

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BREAKING: Biden Revokes Executive Order Sanctioning Int’l Criminal Court Principals

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Combating Anti-Asian Violence through UN Human Rights Mechanisms

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Renouncing Reprisals: An Opportunity for the Biden Administration

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On Functional Immunity of Foreign Officials and Crimes under International Law

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In Absence of Foreign Agents Registration Reform, DOJ Tweaks Could Make a Big Difference

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An Alternative to Impeachment: New Bill Helps Enforce Accountability for Capitol Riots

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Race to the Top Brass

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Recap of Recent Articles on Just Security (March 20-26)

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Terrorism and Other Dangerous Online Content: Exporting the First Amendment?

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Adding AI to Autonomous Weapons Increases Risks to Civilians in Armed Conflict

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A Dozen Experts with Questions Congress Should Ask the Tech CEOs — On Disinformation and Extremism

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The Digital Technology Agenda at the Summit for Democracy

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Corruption Is a National Security Threat. The CROOK Act Is a Smart Way to Fight It.

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Is There a New Era for Human Rights on the Horizon?

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Safeguarding Democracy Among Eastern Europe’s Three Seas

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Legally Sliding into War

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The Global Fragility Act Could Give US Assistance and Diplomacy a New Start for Countries in Conflict

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Why Reconciling Domestic and Global Human Rights Policy Is a US National Security Imperative

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Germany’s Positions on International Law in Cyberspace Part II

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Iraq’s Legal Responsibility for Militia Attacks on U.S. Forces: Paths Forward

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“Red Lines” in Beirut Blast Investigation: How Exactly Lebanese Politicians Escape Accountability

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Taking Gender Into Account to Better Confront New Security Threats

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Knowns and Unknowns of US Syria Strike: Looming Int’l and Domestic Law Issues

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China’s Military Tech Ambitions – What’s the U.S.- EU Gameplan?

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Biden’s Drone Policy Review: Recommendations for a Reset

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Principles for a 2021 Authorization for Use of Military Force

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Just Security Obtains Overseas Troop Counts That the Pentagon Concealed from the Public

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Upcoming Cases Provide Opportunities to Reassess the Application of the Due Process Clause at Guantanamo

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The “Khashoggi Ban” and What It Does and Doesn’t Mean

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Protecting the Information Space in Times of Armed Conflict

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What We Can Learn from Global Policy About Preventing Domestic Extremism

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Legal Questions (and Some Answers) Concerning the U.S. Military Strike in Syria

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Telegram: A Growing Social Media Refuge, for Good and Ill

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Is Climate Change a National Emergency?

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UN Security Council Won’t Respond to Myanmar’s Coup, But the General Assembly Can

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Trump’s War Powers Legacy and Questions for Biden

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Families in the Crosshairs of National Security

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Oversight Board’s First Rulings Show Facebook’s Rules Are a Mess

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Their Fourteenth Amendment, Section 3 and Ours

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In Their Own Words: The 43 Republicans’ Explanations of Their Votes Not to Convict Trump in Impeachment Trial

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Biden Paused Trump’s WeChat and TikTok Bans: Now What?

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Avoiding Collateral Damage on the Battlefield

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#StopTheSteal: Timeline of Social Media and Extremist Activities Leading to 1/6 Insurrection

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Uganda’s Museveni Secured His Sixth Term in Office: What the International Community Can Do Now

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A Key Step in Preventing a Future SolarWinds

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Movie at the Ellipse: A Study in Fascist Propaganda

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Congress Now Has More Power to Shed Light on Trump’s Abuses of Power

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How to Fix the U.S. Litigation Position in Key Pending Cases

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De-platforming Is a Fix, But Only a Short-Term One

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Transforming the US Human Rights Report to Reflect Gender Rights — and Security

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Gaps in Trump’s Pardons: How the Biden Administration Can Still Pursue Justice

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De-platforming Following Capitol Insurrection Highlights Global Inequities Behind Content Moderation

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December Brought Harbingers of the Regulation Social Media Companies Could Soon Face

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Incitement Timeline: Year of Trump’s Actions Leading to the Attack on the Capitol

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How New Congress Can Shine Light on Trump Era and Persisting Abuses

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The Promises of FOIA in 2021: A Ready Pathway to Accountability

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Please Support Just Security With a Tax-Deductible Donation

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Top Expert Backgrounder: Russia’s SolarWinds Operation and International Law

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Pandemic Consequences: The Acceleration of Confrontational Politics

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Beyond the ICC: Repositioning the Core of International Accountability

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We Can’t “Look Forward” on the Trump Administration’s Abuses

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The UDHR, Digital Authoritarianism, and Human Rights after Trump

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New Zealand Pushes the Dialogue on International Cyber Law Forward

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Global Kleptocracy as an American Problem

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Data and Democracy: Three Things the Biden-Harris Administration Should Do to Tackle Big Tech

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How I Came to Support the Treaty Prohibiting Nuclear Weapons

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Revisiting the Office of Legal Counsel’s Override Opinion

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A Landmark Report on Starvation as a Method of Warfare

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Turning the Page: A Biden Presidency and the Role for Us

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Good Governance Paper No. 19: The Criminal Legal System — Toward a Paradigm Shift

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Good Governance Paper No. 18: Reforming Emergency Powers

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Good Governance Paper No. 14: War Powers Reform

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The Necessity of Enforcing Humanitarian Law and Human Rights in the Context of Counterterrorism

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Good Governance Paper No. 8: How to Strengthen Oversight by Congress

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A Transatlantic Plan for Racial Equity and Justice

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A Blueprint for the Future: The CIA in 2021 and Beyond

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App Stores as Back-Doors for Government Regulation of End-to-End Encryption

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The Good Governance Papers: An Introduction

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Prosecuting the ISIS “Beatles:” A testament to dedicated US government professionalism

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Ten Quick Takeaways from the New York Times’ Bombshell Article on Trump’s Tax Returns

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An Enduring Impasse on Autonomous Weapons

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On 9/11, Interrogating the Assumptions that Undergird the “Forever War”

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9/11’s Long Shadow: What’s at Stake in Afghanistan

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QAnon is a Nazi Cult, Rebranded

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Supreme Court’s Trump v. Mazars Ruling Gave Attorney-Client Privilege a Boost in Congress

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Immigration Maximalism at the Supreme Court

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The Second Oxford Statement on International Law Protections of the Healthcare Sector During Covid-19: Safeguarding Vaccine Research

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Canada’s Scattered and Uncoordinated Cyber Foreign Policy: A Call for Clarity

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Beyond Color-Blind National Security Law

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A Threat or A Warning: Russia’s Weapons Testing in Space

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Interview with Christof Heyns: Major New UN Comment on Right of Peaceful Assembly

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What Comes Next: The Aftermath of European Court’s Blow to Transatlantic Data Transfers

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The Surprising Convergence Between Neo-Nazis and Jihadis

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Black Security and the Conundrum of Policing

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Racing National Security: Introduction to the Just Security Symposium

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Mexico’s Priorities as an Elected Member to the Security Council for 2021-2022

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A Rejoinder to China’s Response to UN Human Rights Experts

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How Inter-State Procedures in Human Rights Treaties Can Support the Black Lives Matter Movement

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The United States’ Racial Justice Problem Is Also an International Human Rights Law Problem

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Jurisdiction at Guantanamo: The Case of Long-Term Complicity

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Oxford Statement on the International Law Protections Against Cyber Operations Targeting the Health Care Sector

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Turkey Opened the Door to the European Court of Human Rights for Syrian Victims

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The Significance of the Supreme Court’s Opati Decision for States and Companies Sued for Terrorism in U.S. Courts

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The Importance of New Statements on Sovereignty in Cyberspace by Austria, the Czech Republic and United States

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The Perils of Hyping Pandemic Response as a National Security Issue

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Top Experts Analyze Inspector General Report Finding Problems in FBI Surveillance

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What Counts As Sufficient Transparency on Civilian Casualties in Somalia

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WhatsApp v. NSO Group: State Immunity and Cyber Spying

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Deepfakes 2.0: The New Era of “Truth Decay”

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Lawsuit Against Fox News Over Coronavirus Coverage: Can It Succeed? Should It?

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Don’t Bother Suing China for Coronavirus

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COVID-19 Shows How the U.S. Got National Security Wrong

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A Chance to Fix FISA

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The Defense Department’s Measured Take on International Law in Cyberspace

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Punching on the Edges of the Grey Zone: Iranian Cyber Threats and State Cyber Responses

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Confronting Russia’s Role in Transnational White Supremacist Extremism

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Top Experts’ Backgrounder: Military Action Against Iran and US Domestic Law

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Can Turkey be Expelled from NATO? It’s Legally Possible, Whether or Not Politically Prudent

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Guidelines on Investigating Violations of International Humanitarian Law

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Army and Marine Corps Publish New Manual: The Commander’s Handbook on the Law of Land Warfare

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Transparency on Civilian Harm in Somalia Matters – Not Just to Americans

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Human Rights, Deprivation of Life and National Security: Q&A with Christof Heyns and Yuval Shany on General Comment 36

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Need for Change to Protect Children in Armed Conflict

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About the Author(s)

Marty Lederman

Professor at the Georgetown University Law Center. He was Deputy Assistant Attorney General at the Office of Legal Counsel from 2009-2010, and Attorney Advisor at the Office of Legal Counsel from 1994-2002. Member of the editorial board of Just Security. You can follow him on Twitter (@marty_lederman).