Recent Articles
Explainer: What Mental State is Required to Commit a War Crime?
What exactly is the definition of war crimes under international law or, more precisely, what mental state is required to commit such an offence? The synopsis below provides an…
The Early Edition: September 1, 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 Secretary…
State Responsibility for Assistance to Foreign Forces (aka How to Assess US-UK Support for Saudi Ops in Yemen)
Airstrikes in Yemen by the Saudi-led coalition have received increased attention in the last few weeks. In her recent post, Beth Van Schaack noted that in addition to the potential…
To Privacy Rights Advocates: Embrace DOJ’s Cross-Border Data Proposal
In a lengthy post yesterday, Greg Nojeim and Ross Shulman take aim at the newly proposed legislation from DOJ that would permit the cross-border sharing of data for law enforcement…
The Early Edition: August 31, 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 Syrian rebels…
Foreign Governments, Tech Companies, and Your Data: A Response to Jennifer Daskal and Andrew Woods
In a thoughtful August 1 piece in Just Security and Lawfare, law professors Andrew Woods and Jennifer Daskal urged Congress to embrace a legislative proposal by the US Justice…
The ICRC Updated Commentaries: Reconciling Form and Substance, Part II
Last week, I left off my exploration of the International Committee of the Red Cross’s (ICRC) 2016 Updated Commentaries on the First Geneva Convention of 1949 by asking…
The Early Edition: August 30, 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 Pentagon…
Letter to the Editor: The Opposite of Discrimination Against Veterans
In Charles Dunlap’s recent article about discrimination against veterans and ROTC, he mentioned Brown as an example of Ivy League discrimination because a “Brown University…
Third Circuit Holds Suspension Clause Does Not Apply to Non-Citizens Physically (But Not Lawfully) Present in the United States
In a breathtaking 80-page opinion handed down today in Castro v. U.S. Dep’t of Homeland Security, a unanimous panel of the Third Circuit has held that the Suspension Clause…
A 9/11 Commission Approach to the Russian Hack of the DNC
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Evaluating Proportionality and Long-Term Civilian Harm under the Laws of War
As noted by Alex Whiting in his piece last week, the law of armed conflict, or international humanitarian law (IHL), contains broad principles and prohibitions that are applied…