Recent Articles

News Roundup and Notes: October 16, 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. Surveillance In a letter…

The President’s May 23d NDU Speech in Action: The Broader Significance of the al-Liby and Ikrima Operations [UPDATED Oct. 15]
If reported accounts thus far are accurate, the al-Liby and Ikrima capture operations last weekend are important illustrations of several things that the President and his top…

The Al-Libi Case Is a Step Forward, Even if Not (Yet) A Paradigm Shift
Jack Goldsmith on the Lawfare blog has an interesting response to Mary DeRosa and Marty Lederman’s take on the implications of the al-Libi and Ikrima operations. I agree…

New UN Report Released; Addresses Legal Controversies in Drone Use
A new UN report on drone strikes and targeted killings by the UN Special Rapporteur on extrajudicial executions has been published, ahead of a UN General Assembly debate scheduled…

U.S. War in Pakistan (Not the One You Think)
The American public may not feel that it has had a meaningful political debate about going to war in nuclear-armed Pakistan outside the context of drone strikes or the stuff…

The Libya Raid to Capture Abu Anas al-Liby and The Persistence of Memory of Due Process
Now that Abu Anas al-Liby has been brought to the U.S. and may be appearing in court as you read this to face criminal charges, it might be tempting to say that all concerns…

News Roundup and Notes: October 15, 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. NSA Surveillance In an exclusive…

The Government’s Initial Supreme Court Filing on the Section 215 “Telephony Records Program”
On Friday the government filed its brief in opposition to the Electronic Privacy Information Center’s mandamus petition to the Supreme Court, No. 13-58, in which EPIC is challenging…

ICC Case Against Spy Chief Senussi Deemed Inadmissible
An important and long-awaited ruling came down from Pre-Trial Chamber I of the International Criminal Court on Friday. In it, PTC I ruled that the case against Abdullah Al-Senussi—Libya’s…

Al-Libi: Nine (or Fewer) Days of AUMF Detention
So reports the Associated Press: “U.S. officials say a Libyan terrorist suspect who was held aboard a U.S. warship is now in the United States.” That would mean that…

Foreign Intelligence Surveillance Court Approves Renewal of “Telephony Records Program” [UPDATED]
Judge Eagan’s latest Section 215 metadata order for the FISC expired last Friday. The government sought renewal, and the FISC has approved it, reports the Director of National…

Why the US Failure to Support an ICC Referral for Syria does not Protect Israel (or American Interests)
As we watch and wait for the outcome of the destruction and disposal of the chemical weapons in Syria, the issue of accountability for war crimes and/or crimes against humanity…