Recent Articles
Afghanistan Post-2014: Closing Bagram
With the U.S. combat role in Afghanistan coming to an end, and the Bilateral Security Agreement now under review, officials are under pressure to do something many observers may…
Avoidance of the First Amendment Questions in the Mehanna Case
In contrast with several other wartime eras in our Nation’s history, it is striking that the government’s counterterrorism efforts during the past twelve years have…
Creative Ambiguity – International Law’s Distant Relationship with Peacetime Spying
In all the sound and fury over “five eye” intercept programs, commentators appear so far to have paid relatively little attention to international law. This is no simple…
News Roundup and Notes: November 14, 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. Iran Republican senators…
Drone Reporting Requirement in the Intelligence Authorization Act and Congress’ Ability to Compel Public Disclosure
Last week, the Senate Intelligence Committee voted 13-2 to approve the 2014 Intelligence Authorization Act. Included in this appropriations bill is a new measure that would require…
Call for Papers: Transnational Aspects of Counterterrorism
On March 6 and 7, 2014, the International Association of Constitutional Law’s Working Group on Constitutional Responses to Terrorism will be hosting a conference at Harvard Law…
More on Wittes and the Rights of Others
The debate on the privacy rights of foreign nationals goes on, at least in the blogosphere. Ben Wittes responds to my post here on Lawfare today by objecting that I have not…
News Roundup and Notes: November 13, 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. Iran As lawmakers consider…
More on the Rights of Others – Ben Wittes’ Failure of Imagination
Ben Wittes weighs in today on Lawfare on the side of rejecting privacy rights for anyone but U.S. citizens, aligning himself with Orin Kerr and against myself [see my previous…
Should ICRC Reports on Detainee Visits be Turned Over to Military Commission Defense Counsel?
On November 6, Military Commission Judge James Pohl ordered the prosecution to hand over to him all ICRC confidential reports on its visits to Guantanamo that are in the possession…
Why Killing Terrorists Creates Long-Term Due Process Obligations and What Happens When these Debts Become Due
In July 2013 the European Court of Human Rights (ECtHR) found the United Kingdom in violation of its investigative obligations under Article 2 of the European Convention on Human…
News Roundup and Notes: November 12, 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. Iran The Guardian (Julian…