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681 Articles
al Warafi’s active hostilities
As Marty Lederman’s earlier post explains, a D.C. district court is now considering the habeas petition of Guantanamo detainee Mukhtar Yahia Naji al Warafi, found in an earlier…
A Veteran’s Perspective on “Killer Robots”
Technological advances in robotics and other fields are already assisting soldiers with dull, dirty, and dangerous jobs on the battlefield. Within the military such advances should…
Public Opinion, International Law, and Drone Strikes: Some Reflections
We commend Professor Charles Dunlap for his excellent recent post on international law and public support for drone strikes. As he notes, there are many points of agreement between…
One More Reason for Companies to Report Data Breaches
Trust. And benefits. Those are two key issues impacting effective cybersecurity collaboration: whether companies and their legal advisors trust the government enough to reach out…
Casualties and Polls: Some Observations
In a recent post provocatively entitled “New Poll: American Support for Drone Strikes Plummets When Innocent US Civilians Killed,” Just Security’s editor Ryan Goodman energetically…
What Civilians Themselves Say about Targeting and their Participation in Conflict
“What I think is that there is no line at all … Civilians can turn into fighters at any time. Anybody can change from a fighter to a civilian, all in one day, all in one moment.”…
Non-Self-Executing Treaties in the Draft Restatement of Foreign Relations Law
At its annual meeting on May 18–20, the American Law Institute (ALI) will consider portions of a draft Restatement (Fourth) of Foreign Relations Law. Unfortunately, the most…
Congress Just Gave the President Power to Adopt a Binding Legal Agreement with Iran
With a veto-proof majority, Congress has now adopted the Iran Nuclear Agreement Review Act of 2015, which is purportedly designed to enforce Congress’ constitutional prerogatives.…
Lessons From the North: Omar Khadr’s Release on Bail in Canada
UPDATE: The Supreme Court of Canada unanimously ruled on May 14 that the U.S. military commission that convicted Omar Khadr sentenced him as a juvenile and not, as the Canadian…
Tightening the National Security Ratchet
A ratchet is a device that employs mechanical impediments to allow movement in only one direction. As such, it is a useful metaphor for national security policy, where restrictive…
United States v. Davis – Wrestling With the Third Party Doctrine
In the excitement over the Second Circuit’s ruling on the NSA’s bulk collection program, another very significant appellate decision that was issued last week has been largely…
Guest Post: The White House’s Sanctions Relief Toolbox
When Iran’s Foreign Minister Javad Zarif visited New York two weeks ago for the Non-Proliferation Treaty Review Conference, he was asked at an NYU forum whether Iran feared that…