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The United States and the Torture Convention, Part II: Armed Conflict
Last week in its appearance before the Committee Against Torture, the United States “change[d] and clarifi[ed]” two important legal positions regarding the scope of the Convention…
Obama Administration’s Position on the UN Torture Convention: New? Yes. Significant? Not so much
Could it be that American international law experts and human rights advocates are suffering from some form of Stockholm Syndrome — so many defeats and dashed hopes at the…
The FBI Doesn’t Need More Access: We’re Already in the Golden Age of Surveillance
This post comes in advance of this afternoon’s debate between Just Security contributors Andrew Weissmann and Peter Swire about Law Enforcement vs. SmartPhone Encryption at…
The United States and the Torture Convention, Part I: Extraterritoriality
[Editor’s Note: Just Security is holding a “mini forum” on the change in the U.S. government’s position on the application of the Convention Against Torture beyond U.S.…
New Paths to Accountability for Crimes in Syria and Iraq (Including ICC Jurisdiction Over Foreign Fighters)
Horrific crimes in Syria during the Syrian Civil War and more recent ones in Iraq have led to widespread frustration at the present lack of a clear accountability mechanism. …
Reauthorize the AUMF: Clever strategies to limit presidential power are constitutional, but unwise
Now that the Midterms elections are in the books, it should be possible to focus once again on an unresolved issue that has generated massive angst on both sides of the political…
The Problem With Legalism in the Surveillance State
Editor’s note: this post is a preview of ideas raised in an upcoming article by the author, Intelligence Legalism and the National Security Agency’s Civil Liberties Gap,…
A Cult of Rules: The Origins of Legalism in the Surveillance State
Editor’s note: this post is a preview of ideas raised in an upcoming article by the author, Intelligence Legalism and the National Security Agency’s Civil Liberties Gap,…
A Republican Senate Takeover Won’t Doom Surveillance Reform
Late on the evening of May 29, 2014, California Rep. Zoe Lofgren (D) called a small, bipartisan group of lawmakers to her office in the Longworth Building on the Capitol Hill campus.…
Due Process and Detention at Guantanamo: Closing the Constitutional Loopholes
The D.C. Circuit recently heard argument in Al Bahlul v. United States, where the defendant has made a series of constitutional challenges to the Guantanamo military commissions. …
2014 Congressional Midterms and Surveillance Reform: Races to Watch
This is the first of two posts discussing the future of surveillance reform after the 2014 midterms. The second post is available here. The high water mark for NSA reforms in the…
Want to Hurt ISIL’s Finances? Go After the People Doing Business With It
In recent months, Western and certain Middle Eastern governments have devoted themselves to attacking the finances of the Islamic State of Iraq and the Levant (ISIL) as part of…