Recent Articles

Human Rights and the Pitfalls of FBI Assistance at Westgate
In yesterday’s post on Just Security, Steve and Jennifer raise important issues as to what authority the AUMF may or may not grant the United States to respond to al-Shabaab…

The U.S.-Russia Agreement on Syrian Chemical Weapons: More Questions Than Answers
The Framework Agreement negotiated by the United States and the Russian Federation to bring Syria’s chemical weapons under international control seems like an elegant way out…

News Roundup and Notes: September 24, 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…

Are Internet Backbone Pen Registers Constitutional?
Between Edward Snowden’s ongoing leaks and a series of frankly unprecedented disclosures by the government itself, the public now knows quite a bit about the NSA’s…

Debate: Metadata and the Fourth Amendment – A Reply to Jennifer Granick
This post is the second in a series from Just Security‘s Jennifer Granick and Guest Author Orin Kerr debating the constitutionality of the NSA’s telephony metadata…

The Deeper Lesson from Terrorist Expatriation Proposals
[Note: The following post is derived from remarks prepared for last Friday’s symposium on “Citizenship, Immigration and National Security After 9/11,” sponsored by the Fordham…

Debate: Metadata and the Fourth Amendment
This post is the first in a series of posts from Just Security‘s Jennifer Granick and Guest Author Orin Kerr debating the constitutionality of the NSA’s telephony metadata…

Flip Flops?: The Conflict with Al Qaeda Is (Not) a War
Following the September 11 attacks in 2001, President George W. Bush justified several military actions on the ground that the United States was now in an armed conflict with Al…

Lawfare Podcast with Ryan Goodman and Steve Vladeck
In case you missed it, this morning Benjamin Wittes of Lawfare sat down with our co-Editors-in-Chief, Ryan Goodman and Steve Vladeck, to discuss the launch of Just Security.…

Five Myths in the Debate about Cyber War
Between 2009 and 2013, a group of 20 public international law scholars and practitioners drafted the recently released Tallinn Manual on the International Law Applicable to Cyber…

Time to Retire the Military Commissions
Last Monday morning, as a military judge read each of the men accused of plotting the 9/11 terrorist attacks their rights to attend the hearings in their case, two of them objected.…

The ICC as the Sword of Damocles
The destruction of the chemical weapons would not be enough. An unexplored option exists to help resolve the situation in Syria: the Security Council could refer the Syrian situation…