Recent Articles
Can the Int’l Criminal Court Try US Officials?–The Theory of “Delegated Jurisdiction” and Its Discontents (Part I)
This backgrounder covers the key issues of jurisdiction now that the Court is set to open an investigation that may cover alleged torture by US officials.
Welcome Brian Egan and Laura Rozen! Just Security’s New Editorial Board Members
Just Security is excited to announce the addition of two outstanding members to our Board of Editors: Brian Egan and Laura Rozen. Both will already be familiar to many of our readers.…
The US and Int’l Criminal Court May Still Steer Past Each Other–Why and How
The International Criminal Court is poised to open an investigation into Afghanistan, which has potentially direct implications for US officials allegedly involved in torture.…
How to Move the Battle Lines in the Crypto-Wars
Get ready for another round of the crypto-wars. A recent report in the New York Times indicates that the Justice Department has been quietly discussing with researchers ways to…
Just Security’s Symposium on the ICC Afghanistan Probe and the US
Just Security is pleased to announce the launch of an online symposium dedicated to the International Criminal Court’s (ICC) probe in Afghanistan and its implications for the…
The Military, the Mexican Border and Posse Comitatus: Four Key Takeaways
The four core legal issues to watch as a “militarized border” implementation plan develops. Written by former Navy commander, serving as a tactical jet aviator and attorney…
Ex-Military, Intelligence, and Foreign Policy Officials: Travel Ban Harms National Security
On April 25, the U.S. Supreme Court will hear oral arguments in Trump v. Hawaii, the case testing the statutory and constitutional validity of President Donald Trump’s travel…
Another Airstrike in Kunduz, and More Civilian Deaths
Once again, airstrikes targeting insurgent leaders in Afghanistan have killed and injured dozens of civilians. On the morning of April 2, Afghan government forces attacked the…
U.S. Federal Statute on Aiding and Abetting: War Crimes in Yemen – Part II
This piece is the second of two on U.S. operations in Yemen and the War Crimes Act, and the latest article in our forum on the Yemen crisis and the law. In September 2017, Ryan…
Civilian Casualties and Effectiveness of U.S. Drone Strikes in Yemen
This is the first of two articles on U.S. counterterrorism operations in Yemen. It also the latest in a new series we are producing in partnership Columbia Law School’s Human…
A Damning Exoneration: DOJ’s Inspector General on the Apple v. FBI Crypto Fight
As the Department of Justice relaunches its perennial campaign to demand backdoor access to encrypted data and communications, a new report from DOJ’s Inspector General has…
The US, the War in Yemen, and the War Crimes Act – Part I
Editor’s Note: This is the third piece in our forum on the Yemen crisis and the law. The United States has conducted extensive airstrikes in Yemen since 2011, against both al-Qaeda…