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Decision Time: Key Issues in the U.S.-Afghan Bilateral Security Agreement
The U.S. and Afghanistan agreed this week on the terms for an extended U.S. military presence in Afghanistan after 2014.The Bilateral Security Agreement (BSA), which the Loya Jirga…
Equating Terrorism and Bubonic Plague: Bad for Counterterrorism, Bad for the Constitution
If I were Al Qaeda’s director of propaganda and managed to infiltrate an agent into the American judiciary, I’d want him to exaggerate the terrorist threat and then leverage…
Afghanistan Post-2014: Closing Bagram
With the U.S. combat role in Afghanistan coming to an end, and the Bilateral Security Agreement now under review, officials are under pressure to do something many observers may…
Creative Ambiguity – International Law’s Distant Relationship with Peacetime Spying
In all the sound and fury over “five eye” intercept programs, commentators appear so far to have paid relatively little attention to international law. This is no simple…
Should ICRC Reports on Detainee Visits be Turned Over to Military Commission Defense Counsel?
On November 6, Military Commission Judge James Pohl ordered the prosecution to hand over to him all ICRC confidential reports on its visits to Guantanamo that are in the possession…
Some Thoughts on the ICC OTP Strategic Plan: Trying to Build the Future on the Failures of the Past
On October 11th of this year, the Office of the Prosecutor (OTP) at the International Criminal Court (ICC) issued its Strategic Plan for 2012-2015. This roadmap for the conduct…
Bond v. United States and a Plain Statement Rule
The old adage, “bad facts make bad law,” threatens to reassert itself in an especially damaging fashion in Bond v. United States, a case now before the Supreme Court in which…
La Plus Ça Change: A Look Back at Intelligence Gathering Reform
“To understand the past in order to better propose guidance for the future” -Church Commission (1976) Today’s report that the NSA has been tapping into Google and Yahoo data…
Report to the General Assembly on Armed Drones and the Right to Life (or drones should follow the law, not the other way around)
[Editorial note: Last week, the United Nations discussed two major reports on drones. Just Security’s coverage included posts by Philip Alston, Ryan Goodman (here, here), Kevin…
ICC Prosecutor Announces Important Changes in New Strategic Plan
The Office of the Prosecutor (OTP) has just released its new strategic plan for 2012-2015, signaling important changes in the direction of the Office that reflect the lessons learned…
The Report of the UN Special Rapporteur for Extrajudicial Executions: Law or Advocacy?
As has already been discussed in several postings, the report of the UN Special Rapporteur on Extrajudicial Executions has been published and deserves close attention. To the…
The Problematic “Belonging To” Analogy: A Response to Goodman
[Editor’s note: Ryan Goodman replies to Professor Heller in a subsequent post.] In a recent post here at Just Security, Ryan Goodman offered a novel – and characteristically…