Recent Articles
The D.C. Circuit and Guantánamo, Post-Filibuster Edition
I’ve written a lot (too much!) before about both the D.C. Circuit’s jurisprudence in post-Boumediene Guantánamo cases and the Supreme Court’s passivity in…
The New US “Red Line” – No Privacy Rights For Foreigners
Colum Lynch has a fascinating blog at Foreign Policy based on a leaked memo reflecting the United States’ latest “redline”: that no privacy rights be recognized for foreigners…
News Roundup and Notes: November 21, 2013
Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. Drones A U.S. drone strike…
Letter to the Editor: Status of the ICRC Commentaries
In articles posted on successive days, Professor Goodman & Ms Knuckey write ‘one news report incorrectly discounts the importance of the ICRC Commentaries on this provision,…
Equating Terrorism and Bubonic Plague: Bad for Counterterrorism, Bad for the Constitution
If I were Al Qaeda’s director of propaganda and managed to infiltrate an agent into the American judiciary, I’d want him to exaggerate the terrorist threat and then leverage…
News Roundup and Notes: November 20, 2013
Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. Guantanamo Bay ICYMI, yesterday,…
Expert Opinion on Iran’s “Right” to Enrich Uranium in the Face of Security Council Resolutions
It is early morning in Geneva and dawn of the latest round of negotiations to decide the fate of Iran’s nuclear program. As I wrote yesterday, Iran’s claim to a “right”…
Heartening News from the Senate — Sections 1031-1033 of the SASC NDAA Survive
The Senate has rejected the Ayotte Amendment by a 55-43 vote. Senators Donnelly, Hagan and Pryor were the only Democrats in favor; Senators Flake, McCain and Paul were the Republicans…
Senate Reform Proposals on Sexual Assault in the Military
The scourge of sexual assault continues to plague military policy. This week, the Senate is considering competing reform proposals that could have dramatic consequences for sexual…
Senate to Take Critical Vote on Guantanamo’s Fate
The Senate is poised – possibly as early as this afternoon – to take one of the most important national security votes in years. As Daphne and Thomas have noted, at issue…
ICRC’s Public Reply Regarding Order to Turn Over Confidential Reports to Military Commission
As readers may recall, on November 6, Military Commission Judge James Pohl ordered the prosecution to hand over to him all ICRC confidential reports on its visits to Guantanamo…
Early Thoughts on the New NSA Disclosures
There’s going to be a lot to say in the coming days and weeks about the more-than-six dozen surveillance-related documents declassified and disclosed yesterday by the ODNI.…