Recent Articles
Assessing the Claim that ISIL is a Successor to Al Qaeda—Part 2 (Organizational Goals)
The key question we are asking in this (two-part) series of posts is whether Congress’ 2001 Authorization for Use of Military Force (AUMF) applies to ISIL. More precisely, we…
A Comment on Security Council Res 2178 (Foreign Terrorist Fighters) as a “Form” of Global Governance
This short blog post is a comment to Zachary Goldman’s Just Security post, “The Foreign Fighter Resolution: Implementing a Holistic Strategy to Defeat ISIL.” Goldman…
News Roundup and Notes: October 6, 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. IRAQ and SYRIA U.S. military…
Recap of Recent Posts at Just Security (Sept 27-Oct 3)
I. ISIL A. Grand Strategy Harold Hongju Koh, Obama’s ISIL Legal Rollout: Bungled, Clearly. But Illegal? Really? (Monday, Sept. 29) B. Regulation of Use of Force and Combat in…
The jurisdictional issue delaying the al-Nashiri military commission: Saudi defendant + French ship + Malaysian shipper + Iranian oil + Bulgarian casualty = trial in a U.S. military commission?
A couple of weeks ago, the Chief Prosecutor in the Office of Military Commissions filed an appeal to the Court of Military Commission Review from an order by the trial judge dismissing…
Bugs, Bounties, and Blowback
Last week news broke of a major software bug—now termed “Shellshock”—in open-source software used in Linux and UNIX operating systems. Security experts have warned that…
Sustaining the War Effort: Targeting Islamic State Oil Facilities
Much of the legal analysis about the United States and its coalition partners’ airstrikes in Syria to date has concentrated on whether such strikes are lawful. The commencement…
News Roundup and Notes: October 3, 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. IRAQ and SYRIA The U.S.,…
It’s Time to Pass the USA Freedom Act—Warts and All
Thirteen years after 9/11, the United States Congress appeared poised to begin the long overdue process of reining-in the intelligence establishment’s runaway surveillance practices.…
Of so-called “folk” international law and not-so-grey zones
Over at Lawfare, Naz Modirzadeh appears to lament the fact that, in some contexts, President Obama has determined to apply targeting standards more restrictive than what the law…
Here’s the New U.S.-Afghanistan Bilateral Security Agreement
After much confusion over which was the final security agreement (news organizations citing it had linked to a November 2013 “predecisional” version) I’ve just…
Constitutional “Cross-Ruffing”: My New Article
About a year ago, I wrote about the Second Circuit’s decision in the Ghailani case, in which, among other things, the Court of Appeals rejected a former Guantánamo detainee’s…