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681 Articles
War: What is it good for? 20 ISIL Questions for Congress
We still don’t know if Congress will even vote on providing new and specific authorization for a military campaign in Iraq and Syria. Thankfully, responsible members of Congress…
The Need for Both Legal and Technical Privacy Protections
Last week, Apple and Google came under intense criticism from the law enforcement and national security communities for their decisions to encrypt user data when devices are locked.…
The Foreign Fighter Resolution: Implementing a Holistic Strategy to Defeat ISIL
United Nations Security Council Resolution 2178, adopted on September 24 after a debate involving dozens of world leaders, including United States President Barack Obama, is legally…
Towards a Global Debate? UN Human Rights Council Takes on Drones
On Monday, the UN Human Rights Council’s (HRC) expert panel on the use of armed drones and international law, expressed clear consensus around the need for greater transparency…
Now is the Time to Think About Detentions with ISIL: A Response to Benjamin Wittes
Over at Lawfare, Ben Wittes shrugs off Jeff Stein’s important question,“What Will U.S. Forces Do With ISIS Prisoners?” Ben’s reaction, I believe, minimizes several important…
Is Credible Vetting of the Syrian Opposition for Human Rights Abuses Possible?
Tucked inside the continuing resolution the United States Congress passed late last week was a provision to authorize the training and equipping of “moderate, vetted” elements…
Back to post-9/11 panic? Security Council resolution on foreign terrorist fighters
The United Nations Security Council is about to adopt a resolution on foreign terrorist fighters, scheduled for the afternoon of Wednesday, September 24 when President Barack Obama…
The DoD detainee directive and its definition of “unprivileged belligerency”
I appreciate both Professor Lederman’s (1 and 2) and Mr. Rona’s (1 and 2) thoughtful comments regarding the re-issued DoD Directive on detention (DoDD 2310.01E), and particularly…
Guest Post: A Reply to Ryan Vogel and Marty Lederman on DoD Directive 2310.01E [Updated]
Time and again since 9/11 we’ve seen laws, regulations and government officials say one thing, but when awkward facts come to light, we find out that they meant something…
A Response on Department of Defense Directive 2310.01E (Detainee Program)
Over the past couple weeks, Steve Vladeck, Gabor Rona, and Marty Lederman have posted comments and raised some questions about the new Department of Defense (DoD) detainee directive…
Justice Department Proposal Would Massively Expand FBI Extraterritorial Surveillance
A Department of Justice proposal to amend Rule 41 of the Federal Rules of Criminal Procedure would make it easier for domestic law enforcement to hack into computers of people…
A Response to Jonathan Horowitz – Why Unwilling or Unable is Measured by a State’s Capacity to Act as Well as its Willingness to do so
Jonathan Horowitz responded to my earlier post and made two points about the “unable or unwilling” standard that I believe merit some clarification. Jonathan begins by agreeing…