Jack Goldsmith on the “Front-Page Rule”

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January 22, 2014

Highly recommended.

As I explained earlier, I think this is a very important question going forward. 

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We Badly Need Congress to Act. We Don’t Need Congress to Act in Person.

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Use the Defense Production Act to Flatten the Curve

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Trump Administration Has Not Earned Privilege to Speak Anonymously — Especially During a National Crisis

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The Soleimani Strike and the Case for War Powers Reform

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Peace in Afghanistan: Showmanship over Substance

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

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About Those FBI Counterterrorism Assessments …

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Russian Cyber Attacks Against Georgia, Public Attributions and Sovereignty in Cyberspace

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Revised Justice Department Policy Still Silences Immigration Judges

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A Model for Countering Foreign Disinformation and Interference in Elections

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Telegram’s Cryptocurrency Could Have a Terrorism Problem

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Facebook Bylaws for Takedown Oversight Board: Questions of Independence

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The Gravity of Michael Ellis’ Promotion to Senior Director for Intelligence at the White House

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The Middle East Peace “Vision” From an Old CIA Hand

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When the Abnormal Becomes Typical: Clinging to Memories of Normalcy Three Years into the Trump Administration

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The U.S.-Taliban Accord: Can the Afghan Government Rise to the Occasion?

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Is the Pardon Power Unlimited?

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The President’s War on Intelligence: Yes, It’s Worse Than You Think

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As Trump Returns from India, Others in U.S. Must Press Modi on Rights in Kashmir and Across the Country

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Let the Rule of Law Rule Law Enforcement: Reflections on the Current Attorney General’s Tenure

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New Online Resource: War Powers and Presidential Practice

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Dis-Barr the Justice Department

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For House, Senate National Security Committees, Stopgaps for Term Limits

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Senators Call for Prosecution of Gambian Paramilitary Fighter in US Custody

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For Free Expression in Iran, the U.S. Can Act to Keep the Internet On

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U.S. Issues Travel Ban on Sri Lankan Military Leader

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Why the 2020 Election Will Be A Mess: It’s Just Too Easy for Putin

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When Professionalism Mattered: Dissent Against U.S. Policy on Landmines

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The Soul of the Justice Department: Who Must Stand Up For It Now

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White House ‘1264 Notice’ and Novel Legal Claims for Military Action Against Iran

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Military Justice Reform, the 2020 Pledge, and the President’s Power

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Why the US Military Needs to Rethink How It Investigates Civilian Harm

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Building Walls and Deporting People to “Safe” Countries Is Not Deterrence, It’s Defense

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Please Support Just Security with a Tax-Deductible Donation

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The CIA in the Age of Trump

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The Friday Night Massacre’s Broader Context: Trump’s Redesign for American Democracy

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Never Mind “America First” — Trump’s Newly Expanded Immigration Ban Puts Americans Last

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Reading Between the Votes: 53 Senators Say Trump Guilty on the Facts

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Pentagon Deployment of New, “More Usable” Nuclear Weapon Is a Grave Mistake

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US Should Think Again About Reversing Landmine Policy

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Counterterrorism Laws Punish Legitimate Asylum Seekers

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United Nations Sets Standards on Peaceful Assemblies and the Use of Less Lethal Weapons

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Sudan’s Push for Removal from U.S. Terror List: Not a Panacea

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International Criminal Court and the Question of Palestine’s Statehood: Part II

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How to Think About the Soleimani Strike in Four Questions

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Iran’s Leaders Preserve the Republic With a Hybrid of International and Islamic Law

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The President, His Relationship with Intelligence, and the Soleimani Strike

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What the State Department Legal Adviser Promised Congress on Iran

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The Need for Increased Amicus Role in the FISA Process

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Iran Plane Downing: Likely a Violation of International Humanitarian Law (But Not a War Crime)

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After the IG Report: “Next Steps” for Congress, DOJ, and the FISA Court

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The 30-Day Clock: Recent Law Requires Trump Admin. to Make Full Public Report on Soleimani and Shahlai Strikes

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U.S. Legal Defense of the Soleimani Strike at the United Nations: A Critical Assessment

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How to Recover a Role for Congress and the Courts in Decisions to Wage War

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Why the 2002 AUMF Does Not Apply to Iran

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Reevaluating Our Counter-Terrorism Information Sharing Methods

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Lawful Self-Defense vs. Revenge Strikes: Scrutinizing Iran and U.S. Uses of Force under International Law

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The Targeted Killing of General Soleimani: Its Lawfulness and Why It Matters

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Iran’s Unlawful Reprisal (and Ours)

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Soleimani Strike Marks a Novel Shift in Targeted Killing, Dangerous to the Global Order

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Trump’s Fatal Mistake: Killing Soleimani vs. Countering ISIS

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The Soleimani Strike and War Powers

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United States Killed Iraqi Military Official and Iraqi Military Personnel in the Two Recent Attacks

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

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The Inevitable Day of Reckoning in Syria

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Hidden Gems: Civilian Casualties and Use of Force Reporting Provisions in the Annual Defense Bill

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Federal Criminal Offenses and the Impeachment of Donald J. Trump

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The Application of International Law to Cyberspace: Sovereignty and Non-intervention

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The Crossfire Hurricane Report’s Inconvenient Findings

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The Specter of Interventionism is Haunting Latin America

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Trump’s Aim to Go Big on Nuclear Arms Control Should Begin by Extending New START

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A Call to Arms: Taking the Russia Threat Seriously

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No Place to Hide, No Place to Post: Lessons from Recent Efforts at “De-Platforming” ISIS

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With Supreme Court Mired in Dark Money, Time for Large Dose of Transparency

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The Spencer Standoff with Trump over Gallagher Distracts from the Navy’s Real Problems

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Here’s the Proof that Trump’s “No Quid Pro Quo” Call Never Happened

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New Leaked Documents Reveal China’s Chilling Crackdown on Muslims

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Amid War Crimes Allegations, Afghan Government Lacks Proper Mechanisms to Investigate

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Timeline: Rep. Devin Nunes and Ukraine Disinformation Efforts

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IG Falls Short of Justice in Investigating Political Retaliation at the State Department

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Trump and GOP Call to ID Whistleblower Exposes Glaring Gaps in Protections

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Evaluating Facebook’s New Oversight Board for Content Moderation

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President Trump is Damaging Our Military: War Crimes Cases are the Latest Example

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Go See The Report, Then Let’s Put Torture to Bed For Good

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Congress Must Act to Protect Those Who’ve Supported Us in Syria

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Interpol Proves Critics Right in Choosing Turkey to Host General Assembly

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Duty to Warn: Has the Trump Administration Learned from the Khashoggi Failure?

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The Rio Treaty: Paving the Way for Military Intervention in Venezuela?

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Assessing Turkey’s “Resettlement” Plans in Syria under the Law of Occupation

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Abandoning Open Skies: Trump Would Be Squandering More of Our Security Inheritance

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“With a Little Help from Our Friends”: Prosecuting the ISIL “Beatles” in U.S. Courts

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How to Address Newly Revealed Abuses of Section 702 Surveillance

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Turkey’s (Latest) Invasion of Syria: Aggression, Proportionality, and Legal Consequences for NATO and Third-Party States

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The FISA Court’s Section 702 Opinions, Part II: Improper Queries and Echoes of “Bulk Collection”

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Career U.S. Officials Testifying to Congress: A Guide from Co-Equal

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

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The Netherlands Releases a Tour de Force on International Law in Cyberspace: Analysis

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The Need for a Bipartisan Stand Against the White House Counsel Letter 

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The Real Decline of OLC

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Congress Wakes Up, Finally Decides to Tackle Kleptocracy

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Know Your Rights: Conversations with Congress

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Greg Craig: The Government’s Latest Swing at FARA Enforcement & What Comes Next

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Climate Change Denialism Poses a National Security Threat

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What’s the New Terror Financing Executive Order All About?

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France’s Major Statement on International Law and Cyber: An Assessment

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Guidelines on Investigating Violations of International Humanitarian Law

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Introduction to Just Security Series on UN Yemen Report

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Why a Judge’s Terrorism Watchlist Ruling is a Game Changer: What Happens Next

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Ending Suffering of Afghanistan’s Civilians is Necessary Condition for Peace Talks

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Q&A on Court Decision Invalidating Administration’s Terrorism Watchlist

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The Once and Future Threat of Nuclear Weapon Testing

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U.S. Sanctions Against Iran’s Foreign Minister and International Law

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Second Circuit Gets Civil Forfeiture under the Foreign Sovereign Immunities Act Wrong

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“Fiat Justitia”: Implications of a Canadian Military Justice Decision for International Justice

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Expert Summaries of Mueller Report: A Collection

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Proportionality and 150 Iranian Lives: Do They “Count”?

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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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Trump’s Encouraging QAnon May Result in Violence—Just ask the FBI

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The International Security Echo-Chamber: Getting Civil Society Into the Room

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EU Court of Justice Grapples with U.S. Surveillance in Schrems II

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Criminal Prosecutions and Illegal Entry: A Deeper Dive

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Policing, U.S. Style: With Little Idea of What Really Works

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Trump’s “Unalienable Rights” Commission Likely to Promote Anti-Rights Agenda 

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Empathy Matters: Leadership in Cyber

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Top Expert Backgrounder: Children in Immigration Detention — What are the International Norms?

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Anticipating the President’s Way Around the War Powers Resolution on Iran: Lessons of the 1980s Tanker Wars

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Looking to 2020: A Presidential Pledge for Gender Parity in National Security Appointments

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Top Expert Backgrounder: Aborted U.S. Strike, Cyber Operation Against Iran and International Law

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U.K. Court Nixes Saudi Arms Sales–What it Means for the US and Other EU Countries

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U.S. Cyber Command, Russia and Critical Infrastructure: What Norms and Laws Apply?

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Cooking the WMD Books: Politicizing the 2019 State Department Compliance Report

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Countering Russia’s Malign Influence Operations

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The American Way of War Includes Fidelity to Law: Preemptive Pardons Break that Code

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When Is a “Literally True” Statement False and a Crime

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Guide to the Mueller Report’s Findings on “Collusion”

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

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The Pentagon Wants to Streamline Security Clearances by Using AI. That’s a Dangerous Idea.

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An Insider’s View of the Life-Cycle of Self-Defense Reports by U.N. Member States

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BREAKING: United States Supports Germany’s International Arrest Warrant for Accused Syrian War Criminal

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The Seven Step Program for Fighting Disinformation

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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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Weapons of Mass Consumerism: Why China Wants Your Personal Information

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10 Ways the U.S. Can Curb Interpol Abuses

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No Clean Hands: Reaction and Counter-Reaction in the Iranian-Saudi Proxy War in Yemen

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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).

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