Terrorism & Violent Extremism
Just Security provides expert legal and policy analysis of terrorism, counterterrorism, and domestic and international violent extremism.
2,228 Articles
Hagel and Dempsey Won’t Rule Out Possibility of U.S. Ground Combat Troops in Iraq
On Sept. 16, U.S. Defense Secretary Chuck Hagel and Joint Chiefs of Staff Chairman Gen. Martin Dempsey testified before the U.S. Senate Armed Services Committee on the Pentagon’s…
The House’s New Proposal for an AUMF Against ISIL
Rep. Adam Schiff (D-CA) proposed today an authorization for military force against ISIL, detailed in a statement on his website, complete with draft text. Schiff’s proposal…
A Response to Jonathan Horowitz – Why Unwilling or Unable is Measured by a State’s Capacity to Act as Well as its Willingness to do so
Jonathan Horowitz responded to my earlier post and made two points about the “unable or unwilling” standard that I believe merit some clarification. Jonathan begins by agreeing…
ISIS/ISIL remains associated with Al-Qaida because the UN Security Council says so?
There is considerable disagreement whether President Obama has acted unconstitutionally or unlawfully when proceeding to military action against ISIL/ISIS without new Congressional…
What’s the matter with the revised DoD Directive 2310.01E?
Both Steve and Gabor Rona have posted here in recent days with concerns about the newly promulgated Department of Defense Directive 2310.01E, on the “DoD Detainee Program.”…
White House Relies on 2002 Iraq Authorization—But What’s the Theory?
The New York Times’ Charlie Savage reports that the White House is relying not only on the 2001 authorization to use military force (the Sept 11th AUMF) but also the 2002 authorization…
A Response to Bruce Ackerman’s NYT Op-Ed on the President’s War Powers
Bruce Ackerman’s Op-Ed in the New York Times today is an interesting read. In it, he makes some impassioned arguments against the President’s legal justifications for the…
Does the Unwilling/Unable Test Hang on Territorial Control?: A Response to Michael Lewis
Professor Yoram Dinstein has characterized war as something that would “appear every once in a while, leave death and devastation in its wake, and temporarily pass away to return…
International Law – and the Unwilling and Unable Test – for US Military Operations in Syria
I greatly appreciate Professor Mike Lewis’s contribution to our discussion of international law on potential US airstrikes inside Syria. In this post, I reply to Mike’s concerns…
What Does the “Unwilling or Unable” Standard Mean in the Context of Syria?
[Editor’s note: Ryan Goodman responds to Professor Lewis in a subsequent post. See also a response by Jonathan Horowitz] President Obama has now announced his intentions to carry…
The Bells of September
This September 11th, I traveled with my little boy down the tree-lined beauty of Savannah to Reynolds Square where, amidst the draped Spanish Moss, historic Christ Church rang…
Tentative first reactions to the 2001 AUMF theory [updated]
As I understand it, the Administration’s legal theory, as articulated by a senior official last evening, is something like the following: In 2004, ISIL (then known as al…