Recent Articles
More on Wittes and the Rights of Others
The debate on the privacy rights of foreign nationals goes on, at least in the blogosphere. Ben Wittes responds to my post here on Lawfare today by objecting that I have not…
News Roundup and Notes: November 13, 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. Iran As lawmakers consider…
More on the Rights of Others – Ben Wittes’ Failure of Imagination
Ben Wittes weighs in today on Lawfare on the side of rejecting privacy rights for anyone but U.S. citizens, aligning himself with Orin Kerr and against myself [see my previous…
Should ICRC Reports on Detainee Visits be Turned Over to Military Commission Defense Counsel?
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 that are in the possession…
Why Killing Terrorists Creates Long-Term Due Process Obligations and What Happens When these Debts Become Due
In July 2013 the European Court of Human Rights (ECtHR) found the United Kingdom in violation of its investigative obligations under Article 2 of the European Convention on Human…
News Roundup and Notes: November 12, 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. Iran The Guardian (Julian…
The Khadr Appeal [UPDATE: and the Hicks Appeal]
In October 2010, Omar Khadr pleaded guilty to four violations of the Military Commissions Act of 2009. Khadr, who is presently serving out his sentence in Canada, has now appealed…
Who Can You Trust? Competing Media Versions of France’s Role in the Iran Nuclear Talks
At the conclusion of the nuclear talks in Geneva this weekend, a consensus emerged in the media: as a result of French Foreign Minister Laurent Fabius’s objections, the talks…
News Roundup and Notes: November 11, 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. Iran The International Atomic…
Recap of the Week’s Posts on Just Security (Nov. 2-Nov. 8)
I. Surveillance and Data Collection Thomas Earnest, PCLOB Hearing on NSA Review (Monday, Nov. 4) Marty Lederman & Steve Vladeck, The Constitutionality of a FISA “Special…
Making Sense of the NSA Metadata Collection Program (Part II)
In a previous post here on Just Security, I discussed the constitutionality of the National Security Agency (NSA) program that sweeps up detailed “metadata” pertaining to essentially…
The Coming Hicks and Khadr Appeals: Yet Another Military Commission Headache
As various media outlets reported earlier this week, Australian David Hicks–one of the first detainees charged and convicted (via plea) under the Military Commissions Act…