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Just Security

Kaine’s Proposed AUMF Would Allow Limited Ground Combat Against ISIL

Sen. Tim Kaine (D-VA), this morning released a draft proposal of an AUMF against the Islamic State that would authorize American ground troops to engage in limited combat in Iraq…
Just Security

A Response to Jonathan Horowitz – Why Unwilling or Unable is Measured by a State’s Capacity to Act as Well as its Willingness to do so

Jonathan Horowitz responded to my earlier post and made two points about the “unable or unwilling” standard that I believe merit some clarification. Jonathan begins by agreeing…
Just Security

When Institutions Fail: A Thought Experiment

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

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…
Just Security

International Law on Airstrikes against ISIS in Syria

The administration is actively considering the option of using military force against ISIS in Syria. As the New York Times editorial board states today: “The United States, however,…
Just Security

James Foley and the Hostage Act

Some commentators have suggested that the newly disclosed special forces operation to rescue James Foley may have lacked congressional authorization, thereby further underscoring…
Just Security

Laying the Groundwork for Syrian War Crimes Trials

The Wall Street Journal’s Jess Bravin and Michael Crittenden have a fascinating report on the Obama administration’s efforts to utilize information provided by a Syrian defector,…
Just Security

Former Chief of British Secret Intelligence: Stop Viewing the ISIS Threat Through 9/11 Eyes

On Monday, former chief of British Secret Intelligence Service, Sir Richard Dearlove gave an insightful and provocative lecture entitled, “Terrorism and National Security: Proportion…
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