Terrorism & Violent Extremism

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

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The Administration’s Theory for How the 2001 AUMF Could Apply to ISIS

Senator Tim Kaine, in a statement on Monday, marked out the position that expanded military operations against ISIS are not covered by Congress’s 2001 authorization for use of…
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Does the Administration consider the War Powers Resolution applicable in Iraq?

Some might think a recent report in the Washington Post provides significant information on the administration’s views on the applicability of the War Powers Resolution (WPR)…
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Cert. petition in Ali accepts Justice Breyer’s invitation

As I posted back in April, Justice Breyer issued a statement respecting denial of certiorari in the case of Hussain v. Obama in which he more or less invited Guantánamo habeas…
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James Foley and the Hostage Act

Some commentators have suggested that the newly disclosed special forces operation to rescue James Foley may have lacked congressional authorization, thereby further underscoring…
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Attacks on Journalists a War Crime

According to a trophy video initially posted on YouTube but since removed, U.S. Journalist Jim Foley was beheaded by ISIS yesterday, further attesting to the group’s depravity.…
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How Deep is U.S. Public Support for Airstrikes in Iraq?

A recent poll by the Pew Research Center/USA TODAY is being described by commentators as revealing a high level of US public support for airstrikes in Iraq. But how much comfort…
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What the UK Government’s Remarks Say about US Mission in Iraq

In a burst of information, British Prime Minister David Cameron and his Defense Secretary Michael Fallon have begun to describe in more detail the British military mission in Iraq…
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Untold History of the Torture Program

In this morning’s Los Angeles Times, Larry Siems and I have an op-ed about the soldiers and public servants who tried to expose and end the torture program.  It begins: After…
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Medical Repatriation of Aging Guantanamo Detainees: The case of Al-Adahi

Mohammed Al-Adahi, a Yemeni national who has been detained at Guantanamo for more than 12 years and was approved for conditional release in 2010, has been described by his lawyers…
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The important and difficult issues in the al-Nashiri case: When did the war begin? And was the COLE bombing a war crime?

The tragic bombing of the USS COLE by al Qaeda operatives in October 2000 was a heinous crime.  Even if it occurred as part of an armed conflict between the United States and…
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President Authorizes Airstrikes against ISIS in Iraq—But how limited is it?

On Thursday night, President Obama announced that he has authorized airstrikes “if necessary” for “two missions” in Iraq (full text of the President’s statement). Mission…
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Deferential D.C. Circuit Upholds Genital Searches at Guantánamo

I’ve written before about the potential significance of the Guantánamo “counsel access” case—Hatim v. Obama–which raised the question of whether…
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