Recent Articles

My discrete but important disagreement with Harold Koh on the lawfulness of the strikes on Syria
I argued last night that the President’s strikes against Syria appear to violate Article 2(4) of the United Nations Charter and that therefore it was unconstitutional for…

Norms Watch: Tracking the Erosion of Democratic Traditions (Mar. 31- Apr. 7)
Editor’s Note: Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of…

What Do Top Legal Experts Say About the Syria Strikes?
I asked several of the very top legal minds about their views concerning Thursday night’s airstrikes by the United States in response to the Syrian government’s reported…
The Early Edition: April 7, 2017
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. US STRIKES SYRIA The US…

Not Illegal: But Now The Hard Part Begins
I am no fan of the Trump Administration, which in its short life has attempted many illegal acts. But neither do I automatically conclude that everything it does is illegal, as…

Why the strikes against Syria probably violate the U.N. Charter and (therefore) the U.S. Constitution
[UPDATED] The Pentagon has issued the following statement about the U.S.’s use of 59 Tomahawk missiles against the Shayrat Airfield in the Homs governorate of Syria this…

The U.S. Public Deserves More than Trump’s Silence on Afghanistan
When I graduated from West Point in 2009, the war in Afghanistan was one of the hottest topics. President Barack Obama’s campaign and young presidency had been defined, in large…

Humanitarian Military Options for Syrian Chemical Weapons Attack: “Illegal but Not Unprecedented”
Without Security Council authorization, any U.S. military force to respond to Assad’s chemical weapons attack would be a violation of international law, but … Policymakers…

The Enemy of My Enemy Is a State Sponsor of Terrorism: the US, Sudan, and the Yemen War
As the Saudi-led coalition’s military engagement in Yemen enters year three, Sudan, Saudi Arabia, and the United States find themselves on the same side of the conflict, making…
The Early Edition: April 6, 2017
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. SYRIA A suspected Syrian…

Questions Raised by Syria’s Chemical Weapons Attack
Details are still emerging about Tuesday’s chemical weapons attack in Khan Sheikhoun in northern Syria, but the US, France and Britain have already condemned the Syrian government…

Why Trump Associates Should Worry A Lot More About the Logan Act
In a Washington Post Op-Ed, I look into the history of the law that forbids Americans engaging with foreign governments to undermine official policies of the United States. The…