ISIS
411 Articles
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. …
Avoiding Unnecessary Wars and Preserving Accountability: Principles for an ISIL-Specific AUMF
Earlier today, a group of legal experts–including Rosa Brooks, Sarah Cleveland, Jen Daskal, Walter Dellinger, Harold Koh, and Marty Lederman–released a set of “Principles…
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…
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…
One More Thing on Goldsmith & Waxman
There is not much to add to my colleague Shalev Roisman’s response to Jack Goldsmith and Matthew Waxman’s essay in The New Republic arguing that it is President Obama, and…
Bad Timing: The US, Iran, and the East Africa Embassy Bombing Judgement
Yesterday, a US judge awarded victims of the Embassy bombings in Kenya and Tanzania $622 million in damages against the governments of Sudan and Iran. It is important to see justice…
Authorizing Force: A Review of Turkish, Dutch and French Action
As the number of states using military force against ISIS in Syria and Iraq have increased, a series of domestic authorizations have emerged from their national executives and…
CIA Report: Giving Rebels Weapons Without Direct Support Rarely Helps
This morning, the New York Times ran a story about an internal CIA study commissioned in the last two years that found the agency’s historic efforts to arm rebels have had a…
The Wrong (and Right) Lessons Re: Congressional Inaction on ISIL
Editors’ Note: The following post is the fifth installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take an…
Assessing the Claim that ISIL is a Successor to Al Qaeda—Part 2 (Organizational Goals)
The key question we are asking in this (two-part) series of posts is whether Congress’ 2001 Authorization for Use of Military Force (AUMF) applies to ISIL. More precisely, we…
Sustaining the War Effort: Targeting Islamic State Oil Facilities
Much of the legal analysis about the United States and its coalition partners’ airstrikes in Syria to date has concentrated on whether such strikes are lawful. The commencement…
Assessing the Claim that ISIL is a Successor to Al Qaeda—Part 1 (Organizational Structure)
The administration’s position that ISIL is a successor of al-Qaeda deserves serious consideration. We do so in this post, and show some serious flaws in this position. What hangs…