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Tag Archive: International Law

The International Legal Environment for Nuclear Deterrence

Russian spy ships stationed off the U.S. coast, provocative overflights of U.S. warships, and deployments of U.S. tanks in Central Europe are no longer artifacts of the Cold War, they are troubling features of the current international security environment. Whether and to what extent recurrence of these incidents will resurrect Cold War political and military strategies is for now unclear.…   continue »

Violence in Cyberspace: Are Disruptive Cyberspace Operations Legal under International Humanitarian Law?

It is already widely acknowledged that cyberspace has become the fifth domain of warfare, and militaries around the world are training various cyber units, who will be supporting military operations, both by defending cyber infrastructure, and by engaging in cyber-attacks, with the purpose of manipulating, interrupting, and damaging the computer systems and networks of the enemy.…   continue »

Tallinn Manual 2.0 on the International Law of Cyber Operations: What It Is and Isn’t

This week marked the release of Tallinn Manual 2.0 on the International Law of Cyber Operations, the result of the follow-on project that led to the publication of the Tallinn Manual on the Law of Cyber Warfare in 2013. The culmination of the project will be marked by events in Austin, Washington, The Hague, Tallinn, and Canberra.…   continue »

The Economic Incentives for International Cybersecurity Coordination

On Friday, the President’s Commission on Enhancing National Cybersecurity published its final report, making 16 recommendations and identifying 53 action items to improve cybersecurity in the United States. Established by Executive Order 13,718 last February, the nonpartisan Commission included 12 experts, some recommended by Democratic and Republican leaders in Congress and others selected by the Obama Administration.…   continue »

A Word to a Newfound Ally

As a longtime (and long-exasperated) reader of Lawfare, I’ve been heartened to see the site’s recent editorial turn, in response to current events, toward newly appreciating the dangers inherent in a too-powerful executive branch. In particular, the site’s chief, Benjamin Wittes, has been remarkably eloquent in calling out the coming risks of the Trump Administration.…   continue »

Will Trump Bring Back Torture? Not if He Learns from the Past and Follows the Law

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Since Donald Trump’s election victory last week, attention has turned to figuring out which promises he will keep and which he will abandon. Regarding torture, there have been mixed signals. During the campaign, Trump endorsed the use of torture on several occasions, saying that “torture works” and that he would bring back waterboarding and “worse.” Later he said that he would “not order” acts that would violate any laws or treaties, but he did not specifically repudiate the use of waterboarding or other techniques widely considered to amount to torture.…   continue »

Letter to the Editor: Chatham House Report and Individual Criminal Liability of Gov’t Officials

To the Editor:

The Chatham House paper on “Aiding and Assisting: Challenges in Armed Conflict and Counterterrorism,” (see, State Complicity in Other States’ Bad Acts—and How to Avoid It by Harriet Moynihan) very consciously concentrates only on state responsibility and does not address questions of individual criminal or civil responsibility.…   continue »