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Rex Tillerson speaks into a microphone.

Questions for Tillerson and Pompeo Confirmation Hearings — Updated

Confirmation hearings for President-elect Donald Trump’s Cabinet picks continue Wednesday. The Senate Judiciary Committee is holding its second day of hearings to examine…
Papers are layered on top of one another. Overlaid the image is the text “Top Secret.”

President-elect Trump’s Picks Redefine “Two-Tiered System of Justice”

With his selection of retired Lt. Gen. Michael Flynn to serve as national security adviser, his continued consideration of retired Gen. David Petraeus for a possible administration…
Just Security

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…
The outside of the Department of State Building in Washington, DC. Two people stand outside. A tree stands tall at the entrance.

Anticipating Trump: Should Government Lawyers Stay or Go?

[Editors’ note: This post is the latest in Just Security’s series on the ethical and legal dilemmas of serving in the Trump administration. On Friday, Jon Michaels wrote…
Just Security

Is the White House Mulling “Non-Diplomatic” Means to Stop Assad’s Attacks on Civilians?

The White House has no shortage of advice from outside the government (including from Just Security) and from within the administration on the best options for addressing the carnage…
Just Security

US Policy on Transitional Justice

The US State Department and the Agency for International Development recently published a series of policy papers on the US approach to transitional justice. The United States…
Just Security

The Obama Legal Team and the Lawfulness of Attacking Assad

Editor’s note: This post also appears on Charlie Savage’s blog Power Wars and Lawfare. Several prominent law professors who were formerly members of the Obama national security…
Just Security

“Effective” Policy in Syria: Ambassador Robert Ford’s View

I wrote here yesterday in response to a post by Marty Lederman and Ashley Deeks about the recent, much-publicized dissent channel cable signed by 51 US diplomats. While my discussion…
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Another Legal View of the Dissent Channel Cable on Syria

Since Vietnam, East Pakistan, and the Balkans, it has been a time-honored tradition that State Department officials who disagree with official policy may challenge it through the…
Just Security

Would airstrikes against Assad be lawful and effective?: Reactions to the State “dissent cable”

Editor’s note: This post also appears on Lawfare. As you have probably read, 51 career foreign service officers in the State Department have written an internal memorandum recommending…
Just Security

The State Department Adviser Signals a Middle Road on Common Article 1

In his remarks to the American Society of International Law earlier this month, State Department Legal Adviser Brian Egan stated that the United States’ commitment to upholding…
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The Egan speech and the Bush Doctrine: Imminence, necessity, and “first use” in the jus ad bellum

This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
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