Recent Articles

The Growing Irrelevance of State’s List of Countries Not Cooperating on Counterterrorism
Any certification that labels countries as not cooperating fully on counterterrorism and includes only the five countries listed by the State Department last month is less about…

The Early Edition: June 4, 2020
Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and…

The U.S. Constitution and Limits on Detention and Use of Force in Handling Civil Unrest
Under what circumstances may the government use lethal and non- or lesser-lethal force in the face of unlawful protests, riots, and looting?

Pompeo’s Personal Stake in the International Criminal Court’s Afghan Investigation
It is no secret that the Trump administration, in general, and Secretary of State Mike Pompeo, specifically, are hostile toward the International Criminal Court (ICC), particularly…

The Military Justice Dimension: Constraints on Military Personnel in Handling Civil Unrest
Top Expert Backgrounder: How the code of military justice applies to National Guard and other military personnel responding to protests. What must they do if the president issues…

Trump’s Moves Are Right Out of the Authoritarian Playbook
Trump's recent actions may be of a man fearful of looking weak to the world, but they are also redolent of how authoritarian regimes in countries the world over have responded…

Invoking “Terrorism” Against Police Protestors
"The invocation of 'terrorism' to respond to Antifa—and those protesting police violence more generally—has real consequences even if it does not create new legal powers."

The Early Edition: June 3, 2020
Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and…

The President and the Domestic Deployment of the Military: Answers to Five Key Questions
Can President Trump use the military without governors' consent? What are the rules for the use of force?

A Deep Dive into Canada’s Overhaul of Its Foreign Intelligence and Cybersecurity Laws
Following the release of documents by Edward Snowden, many of the Western governments whose agencies’ activities were implicated in the leaks raced to update and modernize their…

On Iranian Gunboats: Beware Conflating American and Mainstream Views of the Law
In a recent essay in Just Security entitled “Iranian Gunboat Harassment and the Rules of Engagement,” Michael Schmitt and Durward Johnson explore important questions raised…

The Early Edition: June 2, 2020
Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and…