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681 Articles
The DC Circuit’s Latest Ruling in Al-Nashiri: Why the Military Commissions Cannot Escape the Taint of CIA Torture
The DC Circuit’s recent ruling in In re Al-Nashiri missed an opportunity to clarify an important question in the current US military commissions: when did the armed conflict…
Weapon, Combatant, Child, Animal: They’re All Insufficient Analogies for Autonomous Weapon Systems
Autonomous weapon systems, that is, weapon systems capable of independently selecting and engaging targets, are usually portrayed in one of two ways. Either they are depicted as…
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…
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…
A Problematic Pseudo-Category of Surveillance Information and Promising Post-Collection Policy
This week, the Office of the Director of National Intelligence declassified a Foreign Intelligence Surveillance Court of Review (FISCR) opinion that has important broad implications…
Why Doesn’t the ABA Consider Discrimination Based on Military or Veteran Status to be an Ethics Violation? [Updated]
Earlier this month, the American Bar Association (ABA) crowed about a resolution (#109) that amended its Model Code of Professional Conduct to include as “professional misconduct”…
The ICRC Updated Commentaries: Reconciling Form and Substance, Part I
Sean Watts’ July 5, 2016 post focuses attention on two significant documents intended to clarify “how best to read and understand the law of war” in the 21st Century: the…
Congress Needs to Press the Pentagon, Saudi Arabia on Abuses in Yemen War
On August 9, one day after the Pentagon notified Congress of its intention to sell $1.2 billion in weapons systems to Saudi Arabia, the Saudi-led coalition resumed airstrikes on…
The Islamic State, Genocide, and Gender Discrimination
Slowly but surely, over the past two years, the UN and national governments have acknowledged that what the Islamic State is doing to the Yazidi religious minority in Northern…
British Forces Hit the Islamic State With ‘the Punisher’ – the Legality of Airburst Munitions
A few days ago, it was reported that British special forces had used a deadly new weapon, nicknamed the Punisher, in a confrontation with ISIL in the Libyan city of Sirte (see…
Today’s Important Deadline in the ACLU’s Targeted-Killing Transparency Case
Today, more than three years after President Obama announced that he had issued a classified “Presidential Policy Guidance,” commonly known as the PPG, meant to govern the…