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Just Security

The DoD Law of War Manual and the False Appeal of Differentiating Types of Civilians

In a recent speech at NYU, Department of Defense General Counsel Jennifer O’Connor suggested that after an impending revision, the US Law of War Manual would reflect the position…
Just Security

Two lingering concerns about the forthcoming Law of War Manual amendments

We commend Department of Defense General Counsel Jennifer O’Connor for her very important speech at NYU Monday evening—especially for her vivid, detailed account of how the…

Philip Bobbitt’s War Without Tears

In times of war, it’s sometimes said, the laws fall silent—but the laws, and the human rights lawyers who would enforce them, are still faintly murmuring, and these faint murmurs…
Just Security

“Applying the Law of Targeting to the Modern Battlefield‎” – Full Speech Given by DOD General Counsel Jennifer O’Connor

Below is the speech, “Applying the Law of Targeting to the Modern Battlefield‎,” given by Jennifer O’Connor, general counsel of the Department of Defense, tonight…
A comic by Tom Kleh with people in suits raising umbrellas as if they are swords or guns. They each have a briefcase on the ground next to them. One man in a suit carries an umbrella like a weapon and inspects the the group.

The ACLU Goes to War

The Drone Memos collects important memoranda from the Justice Department, addresses by Barack Obama, John Brennan, Harold Koh, Eric Holder and others, executive orders and various…

Questions for the Defense Department’s General Counsel

On Monday, Nov. 28 at 6 p.m., Jennifer O’Connor, general counsel of the Department of Defense, is giving a talk at NYU School of Law on “Applying the Law of Targeting to the…
Just Security

Smith v. Obama: The Political Question Doctrine Misapplied

Having joined The Constitution Project in an amicus brief in Smith v. Obama, I am disappointed the U.S. District Court for the District of Columbia decided to dismiss the case…

Trump’s Whistleblowers—Whether Limited Pardons for Manning and Snowden Makes Sense Now

Whatever you might have previously thought about the notion of President Barack Obama pardoning Chelsea Manning and Edward Snowden, the election of Donald Trump changes everything.…
Just Security

US Transparency Regarding International Law in Cyberspace

Last Thursday, State Department Legal Adviser Brian Egan, delivered an important speech at Berkeley Law School on the relationship between international law and cyber activities. …

Donald Trump’s Drone War

My new book, The Drone Memos, will be published by The New Press today.  The Guardian is running a 4000-word slice of the 20,000-word introduction on its website this morning.  The…

The New Western Counter-Terror Wars: Toward US-European Convergence?

As Iraqi and other forces move forward with their long-awaited offensive to recapture Mosul from ISIS, Western airpower is playing an essential supporting role. The United States,…
Just Security

Letter to the Editor: Syria and the “Implicit Consent” Myth–A short reaction to Ford (and Goodman)

In a recent post on Just Security (available here), Chris Ford raises the issue whether the Syrian government may or may not have ‘implicitly’ or ‘tacitly’ consented to…
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