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New Atrocities Prevention & Response Legislation Introduced
I posted earlier about a new bipartisan bill to advance accountability in Syria: the Syrian War Crimes Accountability Act of 2017 (current status is here). Two additional pieces…

Delegating Commander-in-Chief Powers–Where to strike the balance
The Trump Administration is busy reconsidering the United States’ approach to counterterrorism, and its revised policies will assuredly reflect President Trump’s desire to…

Memorial Day
In honor of Memorial Day, Just Security will be on an abbreviated schedule with a lower volume of posts than normal. If any major, time-sensitive developments occur, we will do…

Recap of Recent Posts on Just Security (May 20-26)
I. Foreign Policy Michael Posner, Tillerson’s Degradation of Human Rights Mustn’t–and Can’t Yet–be Executive Branch Policy (Monday, May 22) Sydney Blumenthal, What…

The Lingering “Stigma” of the Fourth Circuit’s Travel Ban Ruling
[Disclosure: the author is counsel in a different legal challenge to the travel ban.] A central theme (if not doctrinal claim) in the dissenting opinions in the Fourth Circuit’s…

Q & A With Citizen Lab on “Tainted Leaks” and Russia’s Disinformation Campaign
On Thursday, the University of Toronto’s Citizen Lab published evidence of a dangerous new twist in the war against truth. Russia-linked hackers, dubbed CyberBerkut, have…

Protecting Civilians through Wartime Investigations: Applying the 2016 Minnesota Protocol When it Matters Most
It is highly important to have internationally recognized standards in investigating and prosecuting “potentially unlawful deaths”—an issue that is well recognized in the…

Three Reasons Why You Should Care About the Fourth Circuit’s Wikimedia Ruling
At any other moment in the recent past, Tuesday’s ruling by the U.S. Court of Appeals for the Fourth Circuit in Wikimedia Foundation v. NSA would have been a much bigger…

Restating the Law on the Investigation of Potentially Unlawful Death: The 2016 Minnesota Protocol
The Office of the United Nations High Commissioner for Human Rights in Geneva (OHCHR) on 24 May 2017 announced the release of the 2016 Minnesota Protocol on the Investigation of…

Preview: Senate Judiciary Committee Hearing (5/24) on Cross-Border Access to Data
Tomorrow, the Senate Judiciary Subcommittee on Terrorism and Crime, spearheaded by Senators Lindsey Graham (R-SC) and Sheldon Whitehouse (D-RI), will be holding a hearing on a…

Fourth Circuit Holds Wikimedia Has Standing to Challenge Upstream Surveillance
In a major ruling handed down this morning, the Fourth Circuit has reversed a district court ruling from last year and held that Wikimedia has Article III standing, at least at…

National Security-Related Congressional Hearings, May 22-26
Tuesday, May 23 9:30am – Senate Armed Services Committee – Worldwide Threats (here) 2:00pm – House Committee on Homeland Security– Visa Overstays: A Gap in the Nation’s…