Terrorism & Violent Extremism

Just Security provides expert legal and policy analysis of terrorism, counterterrorism, and domestic and international violent extremism.

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Military Commissions After Guantánamo

This Wednesday morning at 9:30 (EDT), a three-judge panel of the D.C. Circuit (Henderson, Rogers, & Tatel, JJ.) will hear oral argument in al Bahlul v. United States–a Guantánamo…
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One More Thing on Goldsmith & Waxman

There is not much to add to my colleague Shalev Roisman’s response to Jack Goldsmith and Matthew Waxman’s essay in The New Republic arguing that it is President Obama, and…
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Bad Timing: The US, Iran, and the East Africa Embassy Bombing Judgement

Yesterday, a US judge awarded victims of the Embassy bombings in Kenya and Tanzania $622 million in damages against the governments of Sudan and Iran. It is important to see justice…
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Authorizing Force: A Review of Turkish, Dutch and French Action

As the number of states using military force against ISIS in Syria and Iraq have increased, a series of domestic authorizations have emerged from their national executives and…
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East Africa Embassy Bombing Defendant Contests Miranda Waiver

In the last scheduled pre-trial hearing for alleged al-Qaeda operative known as Anas al-Libi, the defendant took the witness stand on Wednesday to contest the United States government’s…
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CIA Report: Giving Rebels Weapons Without Direct Support Rarely Helps

This morning, the New York Times ran a story about an internal CIA study commissioned in the last two years that found the agency’s historic efforts to arm rebels have had a…
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Reflections on Hassan v UK: A Mixed Bag on the Right to Liberty (Part 1)

A few weeks ago, the Grand Chamber of the European Court of Human Rights (GC) gave judgment in Hassan v UK . The GC found that the British government  did not violate Tarek…
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Australia’s Draconian Response to the Security Council’s Resolution on Foreign Terrorist Fighters

On September 24, the UN Security Council passed a resolution that, among other things, ordered member States to curb the flow of foreign nationals who travel to the Middle East…
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The Wrong (and Right) Lessons Re: Congressional Inaction on ISIL

Editors’ Note: The following post is the fifth installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take an…
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Assessing the Claim that ISIL is a Successor to Al Qaeda—Part 2 (Organizational Goals)

The key question we are asking in this (two-part) series of posts is whether Congress’ 2001 Authorization for Use of Military Force (AUMF) applies to ISIL. More precisely, we…
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The jurisdictional issue delaying the al-Nashiri military commission: Saudi defendant + French ship + Malaysian shipper + Iranian oil + Bulgarian casualty = trial in a U.S. military commission?

A couple of weeks ago, the Chief Prosecutor in the Office of Military Commissions filed an appeal to the Court of Military Commission Review from an order by the trial judge dismissing…
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Sustaining the War Effort: Targeting Islamic State Oil Facilities

Much of the legal analysis about the United States and its coalition partners’ airstrikes in Syria to date has concentrated on whether such strikes are lawful. The commencement…
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