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Boehner Invites Bibi: A Closer Look at Historical Practice
As many have noted, Israeli Prime Minister Benjamin Netanyahu’s upcoming address to Congress is intriguing because of the process by which it was arranged: House Speaker John…
Assessing (Again) the Defensive Operations in Syria
The military operations against the Islamic State and Khorasan group in Syria have already received a lot of attention among international lawyers. The conversation has focused…
The Latest Rules on How Long NSA Can Keep Americans’ Encrypted Data Look Too Familiar
Does the National Security Agency (NSA) have the authority to collect and keep all encrypted Internet traffic for as long as is necessary to decrypt that traffic? That was a question…
The Establishment of the International Criminal Tribunal for Palestine (Part II)
I ended Part I of this series yesterday by arguing that the Palestinians’ dualistic bid to join the International Criminal Court (ICC) amounts to lawfare, in that they are not…
The Establishment of the International Criminal Tribunal for Palestine (Part I)
The new “Palestinian ICC bid” is barely two weeks old and already in full throttle, with the international legal and political commentators split between the traditional camps…
Response to My Friend Luis Moreno Ocampo on the International Criminal Court and the Palestinian Situation
[Editor’s Note from Ryan Goodman: Starting with an excellent post by Professor David Luban on Palestine’s bid to join the International Criminal Court, Just Security published…
Al-Marri’s End and the Failed Experiment of Domestic Military Detention
In the coming days, Ali al-Marri, former enemy combatant, is scheduled to be released from federal criminal custody, clearing the way for his removal by immigration officials to…
Cybersecurity and a New Era of Asymmetric Economic Warfare
In the last two decades, and in particular after the 9/11 attacks, the United States and its allies have had a near-monopoly on the use of coercive economic measures (sanctions,…
Is it Possible to Ban Autonomous Weapons in Cyberwar?
Political and technological developments have often spurred responses from international humanitarian law (IHL). We already have a good sense of the major questions on the agenda…
US Government Seeks to Deny Twitter’s “Warrant Canary” Challenge
On Friday, the Justice Department asked a federal district court to brush away a lawsuit filed in October by Twitter seeking greater freedom to publicly report on the numbers and…
Is it Really Better to be Dead than Blind?
Late last year, the U.S. Navy announced that its $40 million laser weapon is finally ready for combat aboard the special operations staging ship USS Ponce. The laser, which “zaps…
Palestine’s Two Cards: A Commitment to Legality and an Invitation to Stop Crimes
Two steps recently taken by Palestine could be a game changer for a seemingly intractable problem. I will argue that these decisions should not be construed as an assault on Israel.…