Recent Articles

Draft UN Security Council Referral of Syria to the ICC—and US Exemptions
Colum Lynch reported yesterday at Foreign Policy that the Obama administration now supports France’s draft resolution to refer the situation in Syria to the International Criminal…

News Roundup and Notes: May 8, 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, &…

Interrogation-Based Detentions and the Law of Armed Conflict: What Mohammed v. Ministry of Defense Didn’t Have to Say
I am working on a post that dives into the core issue in Mohammed v. Ministry of Defense (MOD)—whether the law of armed conflict (LOAC) permits security-based detentions in non-international…

House Judiciary Markup of USA Freedom Act (Live stream)
Today starting at 1pm, the House Judiciary Committee is beginning its markup of the USA Freedom Act (H.R. 3361), including the Manager’s Amendment about which Jennifer…

Developments on Autonomous Weapons Systems Governance
For Just Security readers following the emerging debate on the legal governance of autonomous weapons systems (AWS), this month is very eventful with two noteworthy developments…

News Roundup and Notes: May 7, 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, &…

Manager’s Amendment Puts Back Door Searches Back In USA Freedom Act
Yesterday, the stagnant USA Freedom Act started to move through the U.S. House of Representatives, starting with a Manager’s Amendment to the bill. According to its drafters,…

More on Military Courts and Article III
A little over a month ago, I posted about my forthcoming article, “Military Courts and Article III,” a copy of which is now available via SSRN. For folks who prefer…

A Roundup on European Union Responses to the Ukraine Crisis
The European Union (EU) has taken various kinds of action in response to the Ukraine crisis, mostly in the form of general support for the new Ukraine government and targeted…

Letter to the Editor: Distinguishing Authorization and Appropriations Legislation
A recent post by Thomas Earnest about a drone casualty reporting provision in recent congressional legislation does something that is common in legal and popular discussion of…

News Roundup and Notes: May 6, 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, &…

The D.C. District Court’s Power to Hear the New Nashiri Suit
As Wells Bennett noted on Friday over at Lawfare, attorneys for Abd al-Rahim al-Nashiri, a Guantánamo detainee facing capital charges before a military commission for his alleged…