Rule of Law

Shot of the Justice Department building at night

Inching Toward a More Transparent Office of Legal Counsel

Analysis of DOJ Office of Legal Counsel's May 19, 2023 release of a new index of unclassified OLC opinions written between 1998 and 2019.

May 19, 2023 Stephanie Krent

Immigrants seeking asylum in the U.S., who are stuck in a makeshift camp between border walls between the U.S. and Mexico, sit as a Customs and Border Protection officer keeps watch while other migrants are lined up to be transported.

As Title 42 Comes to an End, So Should Military Operations at the US-Mexico Border

"The militarization of the southern border not only stigmatizes migrants and asylum seekers but also undermines core legal principles designed to protect democracy and individual…

May 19, 2023 Joseph Nunn

Journalists and members of Guatemalan civil society carry a banner reading “Without Journalism There is No Democracy” during a demonstration against the threat to freedom of expression and the criminal prosecution of communicators, outside court in Guatemala City on March 4, 2023. The United States expressed concern on March 2 over Guatemala’s decision to bring legal action against nine journalists from an investigative newspaper, saying the move undermined free speech, and the Committee to Protect Journalists (CPJ) accused Guatemalan authorities of trying to “intimidate and harass” journalists at the publication who were investigating government corruption. The journalists from the newspaper El Periodico include its founder Jose Ruben Zamora, who had already spent eight months in pre-trial detention on accusations of money laundering and blackmail. (Photo by JOHAN ORDONEZ/AFP via Getty Images)

Freedom of Expression and Media Freedom as a Driver for All Human Rights

Freedom of expression is protected in international law, because, without it, democracy and the rule of law wither away. A free press is a vital aspect.

May 3, 2023 Lord David Neuberger, Can Yeginsu and 2 more

US President Joe Biden displays the signed CHIPS and Science Act of 2022, during an event on the South Lawn of the White House in Washington, DC, on August 9, 2022. - The CHIPS and Science Act aims to support domestic semiconductor production, new high-tech jobs and scientific research.

Restricting Chinese Access to Chips is Only a Partial Solution

The U.S. goal should not simply be to restrict Chinese access to U.S. technology; rather, the United States should be focused on preventing an arms race that would be unnecessary…

Apr. 25, 2023 Matthew Teasdale

Police on horseback surround protesters holding the Israeli flag.

What Israel’s Judicial Crisis Can Teach Us About Our Own

Linkages in the Israeli debates of an independent judiciary to the protection of democracy suggests a cautionary note for the United States.

Apr. 11, 2023 Michael Dreeben

The missiles are aimed at the sky at sunset. Nuclear bomb, chemical weapons, missile defense.

How Does IHL apply to New Technologies in Outer Space?: Expert Q&A from Stockton Center’s Russia-Ukraine Conference

The real challenge in the space domain is avoiding escalation in the first instance, such as by reducing threats and developing transparency and confidence building measures.

Mar. 22, 2023 Sqn Ldr Tara Brown

Is Meta Up for the Challenge Now That It’s Reinstated Trump?

Meta has struggled to articulate clear, accessible policies on content moderation that are sufficiently flexible to respond to evolving threats.

Mar. 14, 2023 Faiza Patel and Emile Ayoub

CAMP SHORAB, AFGHANISTAN - SEPTEMBER 11: A U.S. Army helicopter flies outside of Camp Shorab on a flight to Camp Post on September 11, 2017 in Helmand Province, Afghanistan. About 300 marines are currently deployed in Helmand Province in a train, advise, and assist role supporting local Afghan security forces. Currently the United States has about 11,000 troops in the deployed in Afghanistan, with a reported 4,000 more expected to arrive in the coming weeks. Last month, President Donald Trump announced his plan for Afghanistan which called for an increase in troop numbers and a new conditions-based approach to the war, getting rid of a timetable for the withdrawal of American forces in the country. (Photo by Andrew Renneisen/Getty Images)

Opaque Transparency on the Use of Force: Observations on the 2022 “1264” Report

The 2022 report illustrates the limits of congressionally mandated reporting requirements on matters of war and peace and the need for Congress to be more proactive in informing…

Mar. 14, 2023 Heather Brandon-Smith and Brian Finucane

Starting Bell Rings for U.N. Counterterrorism Negotiations with Big Questions Unanswered

Yesterday, United Nations (U.N.) Secretary-General António Guterres released the biannual report on the “Activities of the United Nations system in implementing the United Nations…

Feb. 28, 2023 Beth Alexion, Nicholas Miller and 1 more

Relatives mourn over the coffin of Ukrainian serviceman, adorned with flowers and the Ukrainian flag.

Рік потому: якщо Україна не вистоїть, глобальні наслідки переслідуватимуть багато поколінь світу

"Лише гучна поразка змусить Володимира Путіна сісти за стіл переговорів і добросовісно вести діалог…

Feb. 24, 2023 Mark Malloch-Brown

One Year On: If Ukraine Falls, the Global Consequences Will Haunt the World for Generations

"The narrative of the plucky Ukrainian underdog taking on Russia’s sclerotic Goliath helped to rally support across the world, but it now masks a creeping complacency among Ukraine’s…

Feb. 24, 2023 Mark Malloch-Brown

Helicopter hovering above an American flag

A Values-based Approach to Foreign Policy? Lessons for the Biden Administration

Integrating human security into U.S. military planning would give substance to the idea of a values-based approach to foreign policy.

Feb. 23, 2023 Mary Kaldor