Recent Articles
U.K. Data Retention and Investigatory Powers Act 2014: Sticking Plaster or Solution?
Earlier this week, I summarized the British Government’s “fast-track” surveillance legislation proposals: the Data Retention and Investigatory Powers Bill. A mere four days…
Letter to the Editor: Elliott Abrams Responds to Sarah Knuckey’s Post on UN Casualty Estimates in Gaza
Prof. Knuckey makes some good points about casualty estimates. Knuckey and I would agree that data is hard to come by in the middle of a war and often even after it is over. For…
Letter to the Editor — Lt. Colonel David J. R. Frakt: What will Happen to al Bahlul?
I want to thank my esteemed colleagues Steve Vladeck and Marty Lederman for their very illuminating discussion of the D.C. Circuit’s recent decision in al Bahlul. I was Mr.…
News Roundup and Notes: July 18, 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. Russia and Ukraine A Malaysia…
The Wrong Reasons to Doubt UN Civilian Casualty Estimates in Gaza
The United Nations’ preliminary estimate that 77 per cent of the 214 individuals killed by Israeli strikes in Gaza are civilians is “almost certainly false,” according to…
Would the USA Freedom Act End All Authorities for Bulk Collection?
When the House passed the USA Freedom Act (H.R. 3361) in May, both Members and the administration announced that it would end bulk collection of metadata about Americans’…
What’s Left of Hamdan II? Quite a Lot, Actually…
Although it’s a bit further into the weeds than the issues Marty and I flagged in yesterday’s lengthy analysis of the en banc D.C. Circuit’s decision in al…
UK Government Proposes Creation of its own Privacy and Civil Liberties (Oversight) Board
The U.K. government announced this week its intention to replace the Independent Reviewer of Terrorism Legislation with a new Independent Privacy and Civil Liberties Board. The…
News Roundup and Notes: July 17, 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. Israel-Palestine A senior…
al Bahlul and the Future of “Domestic Law-of-War Offenses” in Military Commissions
As Steve wrote on Monday, the long-awaited en banc decision by the U.S. Court of Appeals for the D.C. Circuit in al Bahlul v. United States leaves unanswered many of the questions…
News Roundup and Notes: July 16, 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. Israel-Palestine Following…
Road Map I: What More Congress (and the Administration) Can Do to Promote Accountability in Sri Lanka
The Obama administration has taken the lead internationally to promote accountability in Sri Lanka. The principal focus is on war crimes and crimes against humanity committed during…