Recent Articles
DOJ reply brief in Smith v. Obama
The Department of Justice today filed its reply brief in the case challenging the legality of Operation Inherent Resolve (OIR), Smith v. Obama. I don’t have much to add…
Guide to the Presidential Candidates’ National Security Positions
As we have periodically done since its February launch, we’re updating our guide to the 2016 presidential candidates’ positions on national security matters. Today, we have…
Teaching National Security / Counterterrorism Law?
Back in April, I flagged the then-impending publication of the brand-new sixth edition of Aspen Publishers’ National Security Law casebook, and third edition of its Counterterrorism…
The Updated First Geneva Convention Commentary, DOD’s Law of War Manual, and a More Perfect Law of War: Part III
This third post of a series on the ICRC’s Updated Commentary on the First Geneva Convention of 1949 offers some concluding observations and further comparisons with the recent…
The Early Edition: September 16, 2016
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. IRAQ and SYRIA The US and…
Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform
The legal authority behind the controversial PRISM and Upstream surveillance programs used by the NSA to collect large swaths of private communications from leading Internet companies…
How the Risk of an Int’l Criminal Court Investigation Should Affect Military Targeting Practices
The International Criminal Court currently has jurisdiction over the territory and nationals of 124 States Parties to the Court, plus Darfur and Libya, where jurisdiction was conferred…
The Early Edition: September 15, 2016
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. IRAQ and SYRIA Syria government…
Does the Int’l Criminal Court Have Jurisdiction over Alleged War Crimes by Saudi-Led Coalition in Yemen?
Does the International Criminal Court have jurisdiction over potential war crimes allegedly committed by the Saudi-led coalition in its battle against the Houthi rebels in Yemen?…
What Sec. Kerry Privately Thinks About the US-Russia Deal for Syria
On Monday, Secretary of State John Kerry described the broad outlines of a U.S.-Russia agreement for Syria. The plan includes three parts—(1) a cessation of hostilities, (2)…
The Early Edition: September 14, 2016
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. IRAQ and SYRIA The ceasefire…
A Response to “The Tech”: Continuing the Vulnerability Equities Process Debate
In my recent Just Security piece, I argued that Aitel and Tait’s suggestions in Lawfare to focus the Vulnerability Equities Process (VEP) more narrowly on strategic intelligence…