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The Relationship Between Context and Proportionality: A Reply to Cohen and Shany
I am honored that Deans Amichai Cohen and Yuval Shany, both superb scholars that I hold in the highest regard, have responded to the Just Security post I wrote with my colleague…

Candidates, Senators, and Surveillance: The Stakes
In the wake of the US Court of Appeals for the Second Circuit ruling that the Patriot Act’s Section 215 metadata program is illegal, former Senator (and now presidential candidate)…

The Unfolding Crisis of Presidential Succession in Central Africa
A growing crisis of governance and succession threatens peace and security in the countries of the Great Lakes region of Africa, where an outbreak of “god syndrome” among long-serving…

Contextualizing Proportionality Analysis? A Response to Schmitt and Merriam on Israel’s Targeting Practices
In a recent post on this blog, Michael Schmitt and John Merriam discussed Israel’s compliance with international humanitarian law (IHL), based on their recent visit to Israel…

US Needs to Stop Tiptoeing Around the “Killer Robots” Threat
When it comes to banning “killer robots,” the United States is going to take some convincing. That was one major take-away from April’s multilateral meeting on the matter…

USA Freedom and the Surveillance Reform That Almost Was
Committee markups can be a dry affair, an opportunity for political showboating, or both. Yesterday’s markup of the USA Freedom Act in the House Judiciary Committee was neither.…

The Intelligence Time Machine
On Tuesday, members in the House and Senate introduced new versions of the USA Freedom Act that would prohibit bulk collection of records under Section 215 of the Patriot Act,…

The Minimalist Surveillance Reforms of USA Freedom
On April 30, the House Judiciary Committee will take up a warmed-over version of last year’s USA Freedom Act. The committee has offered a rather optimistic claim of the surveillance…

Encryption, Anonymity, and the “Right to Science”
“The right to science is sometimes considered a prerequisite for the realization of a number of other human rights.” – Farida Shaheed, UN Special Rapporteur on the field…

As the Senate Torture Report Gathers Dust, Is the Obama Administration Giving Torturers De Facto Amnesty?
It has been more than four months since the Senate Intelligence Committee (SSCI) published the summary of its report on the secret detention program operated by the CIA after the…

The Power of Rhetoric in the Civilian-Military Divide
On April 10, Stephen Preston, General Counsel for the Defense Department, spoke at the annual meeting of the American Society of International Law. He ended his remarks on the…

Killing a Cleric: Many More Questions Than Answers
Yesterday, Ryan wrote about the killing, presumably by US drone, of Ibrahim al-Rubaysan, an alleged leading cleric of al-Qaeda in the Arabian Peninsula (AQAP). Ryan presumes that…