Recent Articles
The Administration’s explanation for why it was lawful not to wait 30 days to complete the Bergdahl exchange
National Security Council Caitlin Hayden just issued this statement concerning “why it was lawful for the Administration to proceed with the [Bergdahl] transfer notwithstanding…
Is Snowden Obliged to Accept Punishment?
This is Secretary of State John Kerry’s answer, given May 28 on CBS This Morning: “He should man up, come back to the United States. If he has a complaint about what’s…
The Bergdahl Exchange [Fifth UPDATE (with clarification)]
This is truly wonderful news. The five Taliban detainees transferred to Qatar apparently are: Abdul Haq Wasiq (ISN 004) Mullah Norullah Noori (ISN 006) Mullah Mohammad Fazl (ISN…
Title 18’s Blind Spot: Superior Responsibility
We have discussed at length the ability of the United States government to prosecute international crimes in terms of chargeable crimes and bases of jurisdiction. Ryan Goodman…
News Roundup and Notes: June 3, 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. American prisoner exchange…
Letter to the Editor Responding to Steve Vladeck on Gitmo Force Feeding
I enjoyed Steve’s post, although I think the “nobody cares anymore” premise is largely correct, if by “nobody,” we mean the public. Perversely, this is a function of…
What is to be Gained from Pursuing Accountability Now in Syria?
Beth Van Schaack’s recent posts (see here, here, and here) on the proposed Syria hybrid tribunal prompted an astute response from Rianne Letschert: @BethVanSchaack @janethanderson…
News Roundup and Notes: June 2, 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. American prisoner exchange…
Recap: A Guide to Recent Posts on Just Security (May 24-30)
I. Surveillance, Privacy, & Technology Marty Lederman, FAA Section 702 Developments (Wednesday, May 28) II. Detention, Trial, & Treatment Steve Vladeck, What You Should…
A(nother) Procedural Roadblock for Drone Casualty Reporting Requirements
Yesterday, efforts to bring greater transparency to the U.S. drone program hit a(nother) legislative procedural roadblock, as the House Rules Committee voted to not include an…
Letter to the Editor: A Reply to Ryan Goodman on Civilian Casualties
Ryan makes an excellent point. Whether 10 “civilian casualties” are worse than 9 depends on context. It’s entirely possible that 10 is legally permissible and…
What You Should Know–and Why You Should Care–About the Latest Guantánamo Litigation
It’s been well over three years since Linda Greenhouse, writing for the New York Times, attributed the Supreme Court’s refusal to take any new cases from Guantánamo…