Terrorism & Violent Extremism
Just Security provides expert legal and policy analysis of terrorism, counterterrorism, and domestic and international violent extremism.
2,268 Articles
SFRC Access to Intelligence Information During Force Authorization Debate
On Wednesday, the Senate Foreign Relations Committee held a hearing on the Administration’s proposed strategy to defeat the Islamic State featuring Secretary of State John Kerry. …
Sec. Kerry’s difficult defense of 2001 AUMF application to ISIL–and Senators’ Disbelief
Wednesday’s Senate Committee on Foreign Relations (SCFR) hearing on ISIL presented an opportunity for the administration to defend its theory that the use of force against ISIL…
Kaine’s Proposed AUMF Would Allow Limited Ground Combat Against ISIL
Sen. Tim Kaine (D-VA), this morning released a draft proposal of an AUMF against the Islamic State that would authorize American ground troops to engage in limited combat in Iraq…
A Response on Department of Defense Directive 2310.01E (Detainee Program)
Over the past couple weeks, Steve Vladeck, Gabor Rona, and Marty Lederman have posted comments and raised some questions about the new Department of Defense (DoD) detainee directive…
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…