Recent Articles

Preview — Al Bahlul in the D.C. Circuit: The Fate of Military Commissions at Guantánamo
On Monday, September 30, the D.C. Circuit, sitting en banc, will hear argument in al Bahlul v. United States – a case definitely worth watching. The immediate question is whether…

Charles Taylor Verdict Today: New Standard of Liability for Aid to Rebel Forces?
The Appeals Chamber of the Special Court for Sierra Leone (SCSL) today unanimously upheld the conviction and 50-year sentence of former Liberian President Charles Taylor for aiding…

Why David Miranda’s Case Is Harder Than It Looks
The detention of David Miranda, the partner of Guardian newspaper journalist Glenn Greenwald, has sparked widespread controversy and international press coverage (including the…

Resolving Cyber-Related Ambiguities in the Law of War: A Reaction to Jensen
Many thanks to Eric Jensen for his excellent post on cyber issues, the use of force, and international law. The increasing number and sophistication of cyber attacks threatening…

Unprivileged Does Not Mean Prohibited
In his latest post, Ryan takes issue with those who argue that it would violate international law for a state civilian agency, such as the CIA, to use force in an armed conflict. …

Resolving Cyber Issues Sets the State for Future Weapons
[A note from Ryan Goodman: On Monday, Professor Michael Schmitt helped launch Just Security with a Guest Post on the law of cyber conflict. Professor Eric Talbot Jensen accepted…

News Roundup and Notes: September 26, 2013
Before the start of your workday, the Just Security team is dedicated to providing you with the latest news and notes of the day, both domestic and abroad, relevant to governmental…

Syria and the Law of Humanitarian Intervention (Part I: Political Miscues and U.S. Law)
Crises are lived forward but understood backwards. While it is still too early to know how the Syria crisis of 2013 will end, we can start evaluating what precedents of law and…

When Reporting is a Crime: National Security and the Press After Snowden and Sterling
Video streaming by Ustream Panelists for the roundtable included: Dahlia Lithwick (moderator), Contributing editor at Newsweek and senior editor at Slate Robert Corn-Revere, Partner…

Good Reasons May Exist to Close CIA Drone Program—But Claim that CIA Agents are “Unprivileged Belligerents” is Not One of Them
Senator John McCain has vowed to accelerate the effort to transition control of drone operations from the CIA to the Pentagon, and he will likely have support from top Senate Democrats.…

Are Journalists in Danger of Prosecution for Espionage?
Following up on Steve’s post, and in timely anticipation of Just Security’s event this afternoon, I was struck by Gabriel Schoenfeld’s somewhat fevered suggestion that the…

On Syria, The System Worked
President Barack Obama’s critics have been virtually unanimous in their condemnation of his decision to ask Congress for authorization to use military force against Syria. …