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681 Articles
Military Justice and Its Reform
Congress is examining a significant Obama administration legislative proposal concerning military justice. The proposal provides an occasion to think not only about what ought…
ODNI Response on Increased Intelligence Sharing Still Leaves Questions and Concerns
In late February, The New York Times reported that the administration was preparing to expand sharing of the mass signals intelligence collected by NSA pursuant to Executive Order…
A brief response to Gabor Rona on the use of force by non-military personnel
Gabor Rona is correct, of course, that (absent a later-in-time statutory override) U.S. use of force must comply with international law, regardless of the identity of the U.S.…
When Considering CIA Targeted Killings, Don’t Forget International Law!
Last week, Marty Lederman addressed the legality and wisdom of CIA engagement in targeted killings under domestic law. Applicable international law, however, suggests that CIA…
Bye-Bye Birdie: reddit’s Warrant Canary Disappears
Sometimes, saying nothing says quite a lot. At the end of January 2015, the online bulletin board reddit issued a “transparency report” that informed its users, and the broader…
Four Takeaways From State v. Andrews
On Wednesday, an appellate court in Maryland handed down a major loss to the government, one that will send police and prosecutors back to the drawing board (or at least back to…
US Foreign Assistance Fails to Support the Reproductive Health Needs of Genocide Victims
In a groundbreaking move on March 17, Secretary of State Kerry accused Daesh — another name for the Islamic State — of committing acts of genocide against ethnic and religious…
Sexual Violence and Commanders’ Responsibilities During Conflict
On March 21, the ICC rendered the long-anticipated verdict in the Bemba case. Just three days later, the ICTY rendered its own long-awaited legal trial judgment in the Radovan…
The New Intelligence Sharing Procedures Are Not About Law Enforcement
[Editor’s Note: The author composed this analytic essay while serving as General Counsel for the Director of National Intelligence.] There has been a lot of speculation about…
We Need to Know More About When the FBI Can Access One of the NSA’s Biggest Databases
Americans have learned quite a bit about electronic surveillance since Edward Snowden leaked a massive trove of classified documents almost three years ago. And while we still…
Yes, We Can Lawfully Target Islamic State Trainees Preparing to Conduct Terrorist Attacks in Europe and Elsewhere
In the aftermath of the horrific terrorist attacks in Brussels, and amid reports that ISIL has not only claimed responsibility for the attacks, but has also trained “400 fighters…
Digital Disruption of Human Rights
Last week, we explored the conceptual challenges to the universal human rights framework that have been brought by digital technology. Today, we shift from conceptual to concrete…