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681 Articles
Was the Cyber Attack on a Dam in New York an Armed Attack?
Concerns about the vulnerability of infrastructure to cyber attacks were highlighted in two recent news articles. Last month, the Wall Street Journal reported that in 2013, Iranian…
Congress Squawks as Surveillance Chickens Come Home to Roost
A year that has alternated between major surveillance reforms and calls for new spying laws in the wake of ISIS attacks is set to close with a pendulum swing back against NSA surveillance…
Why the US Should Cooperate With Investigations Into the Hospital Bombing
On December 12, the United Nations released a “special report” on human rights abuses and international humanitarian law violations that recently occurred in Kunduz, Afghanistan.…
War: What Is It Good For? — Revisiting Strategic Questions Congress Should Ask in Debating an ISIL AUMF
As I revisited the series of 20 questions I recommended Congress consider in September 2014 regarding US strategy to combat the threat posed by ISIL, I remembered the advice an…
House Demolitions 2.0
As violence erupted in Israel and in the Occupied Palestinian Territories over the past several months, the Israeli government has returned to one of its most controversial practices…
The New African Commission General Comment on the Right to Life Is an Important Step Forward
During its final session of 2015 last month, the African Commission on Human and Peoples’ Rights adopted a General Comment on the right to life under the African Charter. General…
The Worst of the Worst? What al-Shamiri’s Case Tells Us About Gitmo Detainees
Earlier this month, the US government revealed that Guantánamo detainee Mustafa al-Aziz al-Shamiri was a low-level fighter, not the al-Qaeda courier and trainer the government…
Human Shields: The Dialogue Continues
As avid readers of Just Security may recall, last summer Professor Adil Ahmad Haque and I engaged in an animated discussion about the new Defense Department Law of War Manual’s…
The FBI Should Stop Undermining Norms Before They Take Root
Reports surfaced last month suggesting that Carnegie Mellon University (CMU) has been helping the FBI crack Tor, the secure browsing application used by privacy-conscious Internet…
War-Sustaining Activities and Direct Participation in the DOD Law of War Manual
In a recent post on Lawfare, Butch Bracknell discussed the use of leaflets by the United States to warn truck drivers transporting oil for ISIL of an impending attack. Bracknell…
Military Commissions and Fairness
My friend Marty Lederman provides a lot of fascinating commentary about the en banc rehearing in the Al-Bahlul case (here and here). I’d like to focus on just part of Marty’s…
Why Aren’t Criminal Defendants Getting Notice of Section 702 Surveillance — Again?
Since the Snowden disclosures began, the government’s massive surveillance operations under Section 702 of FISA have increasingly drawn public scrutiny. Section 702 is the authority…