Recent Articles
The United States and the Torture Convention, Part I: Extraterritoriality
[Editor’s Note: Just Security is holding a “mini forum” on the change in the U.S. government’s position on the application of the Convention Against Torture beyond U.S.…
News Roundup and Notes: November 14, 2014
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. COMMITTEE AGAINST TORTURE…
Judge Kavanaugh, Nashiri, and the D.C. Circuit’s Jurisdiction Over the Military Commissions
As Marty already noted, yesterday, a divided three-judge panel of the D.C. Circuit issued a strange order in the ongoing litigation in the al-Nashiri military commission prosecution,…
Sen. Kaine: Narrow the Scope of the 2001 AUMF
WASHINGTON — It’s no secret that Sen. Tim Kaine (D-Va.) doesn’t buy the White House’s claim that the 2001 authorization for the use of military force (AUMF) against al-Qaeda…
The Surveillance State’s Legalism Isn’t About Morals, It’s About Manipulating the Rules
Margo Schlanger has written a great article forthcoming in the Harvard National Security Journal about intelligence legalism, an ethical framework she sees underlying NSA surveillance.…
Malinowski and McLeod statements before UN Committee Against Torture
From the opening statement in Geneva yesterday by Tom Malinowski, Assistant Secretary of State for Democracy, Human Rights and Labor: The United States was founded on the principle…
News Roundup and Notes: November 13, 2014
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. COMMITTEE AGAINST TORTURE…
D.C. Circuit stays (i.e., postpones for at least a couple of months) Thursday’s scheduled CMCR hearing in al-Nashiri
For all of you who were planning to attend tomorrow (Thursday) morning’s Court of Military Commission Review appellate hearing in the al-Nashiri case . . . change of plans:…
Principles to Guide Congressional Authorization of the Continued Use of Force Against ISIL—Clarification on Sunset Provision
On Monday, a group of eight legal experts, including some Just Security editors and some not, released a document entitled, “Principles to Guide Congressional Authorization…
U.S. Changes Position on Torture Convention–Accepts Ban on Cruelty Applies Abroad
At a session before the UN Committee Against Torture in Geneva this morning, the Obama administration made a significant shift away from the Bush-era interpretation of the Convention…
New Paths to Accountability for Crimes in Syria and Iraq (Including ICC Jurisdiction Over Foreign Fighters)
Horrific crimes in Syria during the Syrian Civil War and more recent ones in Iraq have led to widespread frustration at the present lack of a clear accountability mechanism. …
News Roundup and Notes: November 12, 2014
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. COMMITTEE AGAINST TORTURE…