Recent Articles
Seeking Consensus on AUMFs
[Cross-posted at Lawfare] The three of us have coauthored an Op-Ed in Sunday’s Washington Post on the topic of congressional authorization for the use of force against ISIL and…
Recap of Recent Posts at Just Security (Nov 8-14)
I. Authorization for Use of Force Against ISIL John Reed, Sen. Kaine: Narrow the Scope of the 2001 AUMF (Thursday, Nov. 13) Ryan Goodman & Steve Vladeck, Principles to…
The core of Zivotofsky: of passports, property, commerce, recognition . . . and, ultimately, diplomacy
Seth Barrett Tillman is probably correct: Section 214(d) of the 2003 Foreign Relations Authorization Act–which requires the Secretary of State to record the place of birth…
114th Congress Faces Significant Committee Shake-Ups
In the wake of last week’s election, both chambers of Congress (and both parties) are facing significant changes to committee memberships with the start of the 114th Congress.…
The United States and the Torture Convention, Part I: Extraterritoriality
[Editor’s Note: Just Security is holding a “mini forum” on the change in the U.S. government’s position on the application of the Convention Against Torture beyond U.S.…
News Roundup and Notes: November 14, 2014
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. COMMITTEE AGAINST TORTURE…
Judge Kavanaugh, Nashiri, and the D.C. Circuit’s Jurisdiction Over the Military Commissions
As Marty already noted, yesterday, a divided three-judge panel of the D.C. Circuit issued a strange order in the ongoing litigation in the al-Nashiri military commission prosecution,…
Sen. Kaine: Narrow the Scope of the 2001 AUMF
WASHINGTON — It’s no secret that Sen. Tim Kaine (D-Va.) doesn’t buy the White House’s claim that the 2001 authorization for the use of military force (AUMF) against al-Qaeda…
The Surveillance State’s Legalism Isn’t About Morals, It’s About Manipulating the Rules
Margo Schlanger has written a great article forthcoming in the Harvard National Security Journal about intelligence legalism, an ethical framework she sees underlying NSA surveillance.…
Malinowski and McLeod statements before UN Committee Against Torture
From the opening statement in Geneva yesterday by Tom Malinowski, Assistant Secretary of State for Democracy, Human Rights and Labor: The United States was founded on the principle…
News Roundup and Notes: November 13, 2014
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. COMMITTEE AGAINST TORTURE…
D.C. Circuit stays (i.e., postpones for at least a couple of months) Thursday’s scheduled CMCR hearing in al-Nashiri
For all of you who were planning to attend tomorrow (Thursday) morning’s Court of Military Commission Review appellate hearing in the al-Nashiri case . . . change of plans:…