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681 Articles
Still Secret: Second Circuit Keeps More Drone Memos From the Public
Secret law has been anathema to our democracy since its Founding, but a federal appeals court just gave us more of it. Almost two centuries ago, James Madison wrote that “[a]…
Al Bahlul’s Commission Conviction and the Pragmatic Jurisprudence of Article III
Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can…
History, Hysteria, and Syrian Refugees
A week after the ISIS terrorist attacks in Paris, American political hysteria is on full display. On Thursday, the House voted to tighten screening procedures on Syrian refugees;…
Where Will the Law of Self-Defense Go From Here?
Friday’s horrific attacks in Paris have now prompted retaliatory French airstrikes on Raqqa in Syria. Given the emotions that have been stirred up, it may seem unnecessary to…
Challenges New Weapons and Humanitarian Assistance Present for International Law
Editor’s Note: This is the fourth post in a miniseries about the International Committee of the Red Cross’s newly released Report on International Humanitarian Law and the…
France Maps out Its War Against the Islamic State
Editor’s note: This post also appears on the European Council on Foreign Relations website. France’s President François Hollande used a powerful and resonant piece of…
Foreign Fighters, Mercenaries, and Private Military Companies Under International Law
Editor’s Note: This is the third post in a miniseries about the International Committee of the Red Cross’s newly released Report on International Humanitarian Law and the Challenges…
Power Wars Symposium: Libya and the War Powers Resolution
Editor’s Note: This is the latest entry in a symposium Just Security is hosting in conjunction with the recent release of Power Wars: Inside Obama’s Post-9/11 Presidency…
Is the FBI Using Zero-Days in Criminal Investigations?
We have known for a while now that the FBI uses hacking techniques to conduct remote computer searches in criminal investigations — particularly those that involve the dark web.…
The Legal Legacy of the NSA’s Section 215 Bulk Collection Program
Last week’s opinion in Klayman v. Obama by Judge Richard Leon dealt another, emphatic(!) blow to the constitutionality of the NSA’s bulk phone record surveillance program under…
International Law, Targeting, and Detention in the Age of International Terrorism
Editor’s Note: This is the second post in a miniseries about the International Committee of the Red Cross’s newly released Report on International Humanitarian Law and the…
The UN’s New “Code of Conduct” for Acting in the Face of Mass Atrocities
On October 23, the UN celebrated its 70th anniversary by launching an important new initiative that will support timely and decisive action by the UN Security Council to respond…