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Just Security

Three Key Takeaways: The 2d Circuit Ruling in The Microsoft Warrant Case

As readers no doubt already know, the Second Circuit today issued a surprise ruling in the Microsoft Ireland warrant case — siding with Microsoft. The result: location of data…
Just Security

Judge Garland & The Foreign Sovereign Immunity Act

As promised, this post surveys several Foreign Sovereign Immunity Act (FSIA) opinions penned by Judge Garland while on the D.C. Circuit. Judge Garland has had occasion to consider…
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Visions and Revisions: Karen Greenberg on the Making of the Modern Security State

“It’s lovely to live on a raft. We had the sky up there, all speckled with stars, and we used to lay on our backs and look up at them, and discuss about whether they was made…
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Judge (Justice?) Merrick Garland & International Law

I recently had occasion to review the international law jurisprudence of Judge Merrick Garland as part of an evaluation prepared by the American Bar Association’s Standing Committee…
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What the Chilcot Report Teaches Us About National Security Lawyering

This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
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Whose World Is This?: US and UK Government Hacking

On both sides of the Atlantic, we are witnessing the dramatic expansion of government hacking powers. In the United States, a proposed amendment to Rule 41 of the Federal Rules…
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Highlights From the Chilcot Report

Earlier today, the UK’s Iraq Inquiry Committee released the report of its seven year investigation into the country’s role in the Iraq War. Started in 2009 at the…
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The Updated First Geneva Convention Commentary, DOD’s Law of War Manual, and a More Perfect Law of War, Part I

It is difficult to overstate the importance of the 1949 Geneva Conventions. Nearly synonymous with the law of war itself, the universally ratified 1949 Conventions are not merely…
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The Good and Bad in the US Government’s Civilian Casualties Announcement

The US government on Friday, July 1 released long-sought information on its views as to how many people it has killed in drone and other strikes “outside areas of active hostilities,”…
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International & US Support for Transitional Justice Initiatives

My prior post discussed new policy papers on transitional justice issued by the US State Department and US AID. These policy papers reflect the fact that the United States’…
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Commanders Put on Notice

Last week, the International Criminal Court (ICC) handed down its third, and in some ways most important, sentence in its short existence. The court sentenced Jean-Pierre Bemba,…
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US Policy on Transitional Justice

The US State Department and the Agency for International Development recently published a series of policy papers on the US approach to transitional justice. The United States…
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