Terrorism & Violent Extremism

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

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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…
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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…
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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…
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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…
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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 'Tribute in Light' memorial lights up lower Manhattan near One World Trade Center on September 11, 2018 in New York City.

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…
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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…
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The Coming Congressional “Authorization” to Use Force Against ISIL?

Many commentators and news outlets are focused on whether the White House will seek, or Congress will pass, authorization for the President to use military force against ISIL.…
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Whose Hype are You Going to Believe?: How Not to Evaluate the ISIL Threat to the U.S.

On Friday, Peter Bergen and David Sterman wrote an article for CNN Opinion entitled, “ISIS Threat to U.S. Mostly Hype.” (Bergen is also CNN’s national security analyst.)…
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The Guns of September

[Editors’ Note: The following post is the first installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take a longer…
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Guest Post: DoD Directive 2310.01E

As Steve Vladeck noted yesterday, the Department of Defense is out with a new version of its Directive 2310.01E on detainee operations. Steve asks the big question: why now?…
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Al-Shabaab Leader Killed in US Strike

The White House has announced the death of Ahmed Godane, the leader of Al-Shabaab, in a press statement. Ryan had previously analyzed the legal basis for targeting Godane in this…
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