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681 Articles
The Constitutional Case for Judicial Authority To Order the Transfer and Release of Guantánamo Detainees Cleared for Release
In the statement that he issued as he signed the 2014 National Defense Authorization Act (NDAA), President Obama, addressing the Act’s continuing restrictions on the transfer…
Bulk Data Collection and the Mosaic Theory: A More Balanced Approach to Information
The pending challenges in ACLU v. Clapper and Klayman v. Obama (now on appeal before the Second Circuit and D.C. Circuit, respectively) raise the question of whether the mosaic…
Connecting the Dots: Assessing the Effectiveness of Bulk Phone Records Collection
[Editor’s note: This morning we are enthusiastic to have the opportunity to publish on Just Security an extremely insightful and thoughtful paper on the effectiveness of…
Version 4.0 – Do We Need A New Privacy and Civil Liberties Board?
One aspect of the President’s Review Group report on NSA surveillance that has gone relatively unnoticed is the recommendation that the current Privacy and Civil Liberties Oversight…
International Human Rights Law and Preventive (Security) Detention: A European Exceptionalism?
1. Ryan Goodman is right when he states, in an earlier post on Just Security, that “a significant body of international human rights law clearly permits, and regulates, preventive…
The Potential Pitfalls of Refusing to Reopen the Article III Door for Guantanamo Detainees
The version of the National Defense Authorization Act for FY 2014 (2014 NDAA) reported out by the Senate Armed Service Committee (SASC) would have eliminated the existing bar on…
Top Ten Reasons Sen. Gillibrand’s Bill is the Wrong Solution to Military Sexual Assault
[Editor’s Note: Today’s Guest Post from Gen. Dunlap is, in part, a response to an earlier post from Andy Wright on the current congressional reform proposals addressing…
A Review of the Special Rapporteur Reports Regarding “Drones” and the Use of Lethal Force
Background The UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Mr Christof Heyns, recently reported on the topic of the use of lethal force through armed…
Summary of New Report from the ICRC
Last month, the ICRC released a 90-plus page report titled, “The Use of Force in Armed Conflict: Interplay between the Conduct of Hostilities and Law Enforcement Paradigms.”…
Remarks on the Holy See’s Statement on Weaponized Drones
[Editor’s Note by Ryan Goodman – As Sarah Knuckey explains in an accompanying post, a statement by the Holy See at an intergovernmental conference in November constitutes…
Iran’s Right to Enrichment
Whether Iran is possessed of a right to enrich uranium is said to be the central question in its negotiations with the P5+1. It should not be. Neither side’s argument is…
Square Peg, Round Hole – How the FISC has misapplied FISA to Allow for Bulk Metadata Collection
The recent treasure trove of NSA documents released by the Office of the Director of National Intelligence included an opinion by the Foreign Intelligence Surveillance Court that…