Rule of Law
703 Articles
The Torture Report, the CIA’s “Work of Fiction,” and a Friday-afternoon Letter From DOJ
In an earlier post, I called attention to the revelation in the Senate torture report that the CIA contemplated disclosing information about the torture program under cover of…
US Government Seeks to Deny Twitter’s “Warrant Canary” Challenge
On Friday, the Justice Department asked a federal district court to brush away a lawsuit filed in October by Twitter seeking greater freedom to publicly report on the numbers and…
A Precedent for Post-Strike Investigations for Civilian Casualties in War
In reflecting on 2014, I thought about an overlooked moment for issues of transparency and accountability in military operations. A heated debate in international law is whether…
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…
Chemical Weapons and Secrecy: a Terrible Combination
Last week’s New York Times article detailing the fact that, between 2004 and 2011, American troops in Iraq “secretly reported finding roughly 5,000 chemical warheads, shells…
State Secrets Might Get a Little More Secret
The state secrets privilege has been the topic of significant academic and judicial focus, particularly in the post-9/11 era in which invocations of the privilege were seen by…
Shhh! Last Week Was All About Secrets
Editors’ Note: The following post is the sixth installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take an in-depth look…
Towards a Global Debate? UN Human Rights Council Takes on Drones
On Monday, the UN Human Rights Council’s (HRC) expert panel on the use of armed drones and international law, expressed clear consensus around the need for greater transparency…
The Posse Comitatus Act, Unlawful Surveillance, and the Exclusionary Rule
Most students of U.S. national security law are familiar with the Posse Comitatus Act (PCA) — an 1878 statute that subjects to criminal punishment anyone who, “except…
FISC OKs Section 215 Investigations of Americans, Despite First Amendment
The Foreign Intelligence Surveillance Court declassified an opinion today which, although highly redacted, illuminates the way at least one Judge is interpreting his mandate to…
Inspectors General Information Access Complaints
Earlier this week, 47 Inspectors General (IGs) across the federal government signed a letter to congressional oversight committees complaining about impediments to access to information…
Multiple Choice: Who Said This on Transparency and Targeted Killings Across State Borders?
Question: Who said this? “While the U.S. regards attacks on terrorists being protected in the sovereign territory of other States as potentially justifiable when undertaken in…