Law Enforcement
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USG Statement on Int’l Criminal Court Probe into Alleged U.S. War Crimes is Missing Some Things
As states gathered earlier this month to kick off the 16th Session of the Assembly of States Parties to the International Criminal Court, ICC watchers wondered what to expect from…

Beyond Customary International Law: What Jesner Can Learn From Corporate Criminal Liability for International Crimes
Ed. note. This article is the latest in our series on the U.S. Supreme Court case Jesner. v. Arab Bank, a case that is slated to resolve the question of whether corporations can…

The Problem With Western Suggestions of a “Shoot-to-Kill” Policy Against Foreign Fighters
An Iraqi policeman fires a machine gun at ISIS fighters in Mosul, Iraq. Image: Carl Court/Getty As ISIS’ self-proclaimed caliphate disintegrates in Iraq and Syria, Western governments…

Episode 49 of the National Security Law Podcast: Interrogation, Detention, Prosecution, and Targeting
In this week’s episode, Bobby Chesney and I pick up the thread on a handful of familiar issues, and introduce a few new ones as well. Interrogation: The topic is a blend,…

Incomplete Justice: The Officer Who Killed Walter Scott Should Have Gotten Life Behind Bars
On Thursday, Michael Slager, a former police officer with the North Charleston, S.C. Police Department, was sentenced to twenty years in federal prison—not life imprisonment.…

Why Microsoft Challenged the Right Law: A Response to Orin Kerr
This coming spring, the Supreme Court will hear arguments in the United States v. Microsoft – a case that will determine the authority of U.S. law enforcement to compel, via…

Former Prosecutor Renato Mariotti’s Tweet Threads on National Security (Dec. 1-8)
Here is an exposition and analysis of some of this week’s national security-related threads authored by Just Security Editorial Board member and former federal prosecutor Renato…

The Collateral Costs of a Logan Act Prosecution
Michael Flynn’s plea hearing last Friday—which I had the good fortune to witness—was accompanied by an extraordinary “Statement of the Offense.” The document indicates…

Norms Watch: Democracy, the Trump Administration, and Reactions to It (Nov. 2017)
Editor’s Note: Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of…

What Does Flynn Plea Deal Mean?
Special Counsel Robert Mueller announced this morning that a plea hearing for retired Lt. Gen. Michael Flynn, President Donald Trump’s first national security adviser, would…

Warrantless Backdoor Searches are Not “Business as Usual”
This week, Just Security ran two posts, one by Matt Olsen and one by Asha Rangappa, defending the government’s warrantless access to Americans’ communications obtained “incidentally”…

Former Prosecutor Renato Mariotti’s Tweet Threads on National Security (Nov. 25-Dec. 1)
Here is an exposition and analysis of some of this week’s national security-related threads authored by Just Security Editorial Board member and former federal prosecutor Renato…