Recent Articles

Reflections on the prejudice in the draft Exec Order’s vetting of “prejudice”
On ABC News Wednesday night, President Donald Trump once again said that people coming into the United States would be subjected to “extreme vetting.” I think his expected…

Trump’s “Safe Areas” in Syria — An Explainer on International Law
In an interview on Wednesday with ABC, President Donald Trump said he would “absolutely do safe zones in Syria.” The leaked draft of the Executive Order “Protecting the…

Norms Watch: Tracking the Erosion of Democratic Traditions (Jan. 20-27)
Don’t miss out. Starting today, we’re offering Norms Watch as a weekly email from Just Security. Subscribe here. THE MEDIA This week, the Trump team continued to…

Trump’s Immigration Policy Risks Violating International Law—alienates US allies
The Trump Administration may be in for a rude awakening. Even if its proposed immigration policies survive the coming constitutional challenges, the administration will have to…

A Proposed Fix To the Microsoft Ireland Case
On Tuesday, I posted the Second Circuit’s denial of the petition for rehearing en banc in the Microsoft case and promised to write more. I have now done so (via Slate); the piece…

UK Supreme Court allows claims to proceed against UK officials for complicity in CIA torture
Earlier this month, the UK Supreme Court unanimously ruled that claims against UK officials for complicity in torture, unlawful detention and rendition are not barred by State…
The Early Edition: January 27, 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. PRESIDENT TRUMP’S TORTURE…

What Does it Mean to Designate the Muslim Brotherhood a Foreign Terrorist Organization?
According to reports, President Donald Trump may shortly issue an Executive Order directing the State Department to examine whether it should designate the Muslim Brotherhood as…
Draft EO on Detention and Interrogation: Update And Additional Concerns
As is now well-known, the White House has disclaimed the draft EO which appeared to open the door to torture and revival of the CIA detainee program. (Sean Spicer: This is “not…

Understanding Complicity: When the US Makes a “Substantial Contribution” to War Crimes Committed by Foreign Partners
With power comes responsibility. In their new duties, Trump administration officials will need to consider the legal hazards associated with supporting foreign military partners…
Introducing UT’s National Security Law Podcast
The world probably does not need another podcast, but it’s getting one anyway… As many of you already know, I joined my good buddy (and fellow Mets fan) Bobby Chesney on the…

The UK Supreme Court’s Brexit Judgment: Implications and Unintended Consequences
The UK Supreme Court decision in the Brexit litigation on Tuesday is the most important judgment that the Court has delivered in its short history. Its 283 paragraphs will provide…