Recent Articles

Letter to the Editor from Gabor Rona, Mohammed v. Ministry Defense and the ICRC’s Position
I don’t know if the ICRC will make any attempt to clarify its position, but I think the Court in Serdar Mohammed is wrong to suggest that the ICRC believes there is inherent…

Video Clip of Former Director of NSA and CIA: “We Kill People Based on Metadata”
In a public debate with Just Security‘s David Cole at Johns Hopkins University, former Director of the NSA and CIA, General Michael Hayden made the provocative remark, “We…

News Roundup and Notes: May 12, 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. Yemen The Los Angeles Times’…

Michael Hayden: “We Kill People Based on Metadata”
[Editor’s note: See the video clip from the debate where General Hayden said “We kill people based on metadata” here.] I have a New York Review of Books blog up today on…

Recap: A Guide to Recent Posts on Just Security (May 3-9)
I. Surveillance, Privacy, & Technology Marty Lederman, ODNI Clarifies More Limited Effect of its New Preclearance Policy (Friday, May 9) Jennifer Daskal, Magistrate’s Compliance:…

Update: French Text Referring Syria to ICC Said to Replicate Standard Exemptions for US
In a post this morning, I discussed the language reported in the press of a draft Security Council resolution referring Syria to the International Criminal Court. The question…

ODNI clarifies more limited effect of its new preclearance policy
Steve Aftergood reported yesterday on a new Office of Director of National Intelligence Instruction 80.04, which appeared to establish new restrictions, and a more robust “prepublication”…

How “Similar” is US Exemption on Draft UNSC Referral of Syria to the ICC?
[Editor’s Note: Check out Ryan’s updated post, “Update: French Text Referring Syria to ICC Said to Replicate Standard Exemptions for US.”] Yesterday I…

Preview: Lithuania to Face Questioning by UN Committee against Torture about “Black Sites”
On Monday, the UN Committee against Torture (“the Committee” or “the CAT Committee”) will review Lithuania’s third periodic report on its compliance with the Convention…

Magistrate’s Compliance: Searching Electronic Data Overseas
Amidst all the talk about the so-called Magistrates’ Revolt (referring to a group of magistrates pushing back against the government’s broad electronic search requests), it’s…

News Roundup and Notes: May 9, 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. Surveillance, Privacy, &…

Where is al-Bahlul??
I’d previously only been tweeting about this, but it seems worth a proper post to flag the remarkable fact that it’s now been well over seven months (!) since the…