Recent Articles

Some Thoughts on the ICC OTP Strategic Plan: Trying to Build the Future on the Failures of the Past
On October 11th of this year, the Office of the Prosecutor (OTP) at the International Criminal Court (ICC) issued its Strategic Plan for 2012-2015. This roadmap for the conduct…

News Roundup and Notes: November 8, 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 Iranian Foreign Minister…

My New Paper on Standing and Secret Surveillance
Our good friend (and separation-of-powers maven) Peter Shane from (the) Ohio State University’s Moritz College of Law is hosting a “virtual” symposium on NSA…

The End of the M23, Will Justice Follow?
In the last few days, we have witnessed some important and welcome developments in eastern Democratic Republic of Congo (DRC)—a region of the world in desperate need of some…

Key Issues in the New Senate Bill to Require White House Drone Strike Casualty Reports
This week, the Senate Intelligence Committee approved the Intelligence Authorization Act for Fiscal Year 2014. The legislation contains an important section which would…

The NDAA: Congress’ Opportunity to Take First Steps Towards Closing Gitmo
The withdrawal of U.S. troops from Afghanistan next year will mark a milestone on the path to ending the so-called “war on terror.” But as a practical matter, what will…

The Basis for the NSA’s Call-Tracking Program Has Disappeared, If It Ever Existed [Updated]
There’s a significant discrepancy, one that deserves more attention, between what the NSA told the Foreign Intelligence Surveillance Court five years ago about the call-tracking…

News Roundup and Notes: November 7, 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 On the eve of the next…

Pakistan Test Fires Missile to Take Down Drones
It might have been easy to doubt the veracity of the Pakistan government’s public protestations against US drone strikes in light of secret agreements between the two governments…

Bond v. United States and a Plain Statement Rule
The old adage, “bad facts make bad law,” threatens to reassert itself in an especially damaging fashion in Bond v. United States, a case now before the Supreme Court in which…

The Process of Transferring Drone Operations from the CIA to the Pentagon: Slow Track, Just Stalled, or Terminal?
On Tuesday evening, Foreign Policy published an exclusive report, with a headline suggesting that the administration has terminated the idea of transferring drone operations from…

Observations on the Oral Argument in Bond
In light of the current efforts of the United States to ensure that even Syria, a nonparty to the treaty, strictly complies with the prohibitions of the Chemical Weapons Convention–and…