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Just Security

White House Relies on 2002 Iraq Authorization—But What’s the Theory?

The New York Times’ Charlie Savage reports that the White House is relying not only on the 2001 authorization to use military force (the Sept 11th AUMF) but also the 2002 authorization…
Just Security

A Response to Bruce Ackerman’s NYT Op-Ed on the President’s War Powers

Bruce Ackerman’s Op-Ed in the New York Times today is an interesting read.  In it, he makes some impassioned arguments against the President’s legal justifications for the…
Just Security

Does the Unwilling/Unable Test Hang on Territorial Control?: A Response to Michael Lewis

Professor Yoram Dinstein has characterized war as something that would “appear every once in a while, leave death and devastation in its wake, and temporarily pass away to return…
Just Security

International Law – and the Unwilling and Unable Test – for US Military Operations in Syria

I greatly appreciate Professor Mike Lewis’s contribution to our discussion of international law on potential US airstrikes inside Syria. In this post, I reply to Mike’s concerns…
Just Security

What Does the “Unwilling or Unable” Standard Mean in the Context of Syria?

[Editor’s note: Ryan Goodman responds to Professor Lewis in a subsequent post. See also a response by Jonathan Horowitz] President Obama has now announced his intentions to carry…
The 'Tribute in Light' memorial lights up lower Manhattan near One World Trade Center on September 11, 2018 in New York City.

The Bells of September

This September 11th, I traveled with my little boy down the tree-lined beauty of Savannah to Reynolds Square where, amidst the draped Spanish Moss, historic Christ Church rang…
Just Security

The Coming Congressional “Authorization” to Use Force Against ISIL?

Many commentators and news outlets are focused on whether the White House will seek, or Congress will pass, authorization for the President to use military force against ISIL.…
Just Security

Whose Hype are You Going to Believe?: How Not to Evaluate the ISIL Threat to the U.S.

On Friday, Peter Bergen and David Sterman wrote an article for CNN Opinion entitled, “ISIS Threat to U.S. Mostly Hype.” (Bergen is also CNN’s national security analyst.)…
Just Security

The Guns of September

[Editors’ Note: The following post is the first installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take a longer…
Just Security

Guardian Previews Discussions of ISIS at Thursday’s NATO Summit

Ewen MacAskill and Spencer Ackerman of The Guardian have an excellent preview of the NATO summit, beginning tomorrow in Wales. Of note, the authors provide details on the discussions…
Just Security

ISIL = Genocide?

As we have discussed, the United States has launched further military action in Iraq. These operations follow limited airstrikes against the Islamic State of Iraq and the Levant…
Just Security

Harold Koh on the International and Domestic Legal Options for Containing ISIL

Just Security’s Harold Koh has a must-read piece in Politico, analyzing the legal and policy choices for the President to confront ISIL. Harold stakes out several important…
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