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At Lawfare, the week began as usual: Wells posted our latest podcast, a discussion between a number of senior Brookings scholars on “The State of International Order.” Dan Byman wrote this week’s foreign...
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As Jack has frequently observed, legitimacy and effectiveness often go hand-in-hand. The two comprehensive State Department memoranda by former Legal Adviser (and Yale Law School dean) Harold Koh releas...
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Well worth a read: Charlie Savage's story, for the New York Times, regarding Obama Administration debate over whether the International Covenant on Civil and Political Rights, and the Convention Against ...
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"Drones: 1, FAA: 0" is the headline of Ryan Calo's article in Forbes.com about the overturning of an FAA fine against a domestic drone operator. Those who remember the FAA's faintly absurd intervention i...
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Apparently Edward Snowden has given this testimony, remotely of course, before the European Parliament. It opens as follows:
I would like to thank the European Parliament for the invitation to provide te...
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Russia has officially thrown its weight behind the secession of Crimea. The New York Times reports that the Russian parliament announced that Russia would support Crimea if it were to secede from Ukraine...
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Susan Landau has a follow-up to her earlier piece on the significance of Snowden’s revelations. This piece focuses on “collection of stored meta-data, surveillance of communications content, and secur...
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If you've never been to Austin during South by Southwest, you are truly missing out. SXSW season begins today with the SXSW Interactive and Film Festivals, and I'm happy to report that the Strauss Cente...
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That is the claim put forward, with gusto, by Jonathan Eyal of the Royal United Services Institute in this Guardian article. Eyal correctly notes the importance of the principle of distinction, and more...
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The crisis in Crimea continues: The Crimean regional parliament has voted to secede from Ukraine and join itself to Russia, but has also decided to leave a final decision up to a popular referendum that ...
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Last year, I was arguing with a couple of my partners, Michael Vatis and Jason Weinstein over the latest developments in privacy and security law. It was fun, mainly because they’re smarter than I am and...
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I'm delighted to announce that I've persuaded the folks who run the excellent, must-listen Steptoe Cyberlaw Podcast to host it on Lawfare. I started listening to this podcast---a weekly interview series ...
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The DNI yesterday released it's latest Guantanamo reengagement report, which show a 29 percent rate of confirmed or suspected reengagement. That's essentially unchanged from the last such report in Septe...
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This question occurred to me last week, after I served as an alternate juror in a criminal trial here in D.C. Two men were charged with, and---after two days’ worth of evidence---found guilty of robbing ...
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Stefan Soesanto writes in with the following thoughts on my earlier post on Russia's introduction of troops into Ukraine as an international law violation:
Amidst the ongoing political crisis in the Ukra...
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The world still is still watching Ukraine. The New York Times reports that President Putin stood by his recent actions in the Crimean Peninsula. Russia's President made his first public appearance since ...
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Russia's recent military actions in Crimea have many wondering what (and where) Crimea is, anyway. Here are the basics on geography and history.
Crimea is a Ukranian peninsula in the northern Black Sea ...
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The Russia-Ukraine conflict is quickly becoming a textbook example of low-grade cyber tactics that will likely occur in almost all future conflicts. It has yet to, thankfully, graduate to a full-scale c...
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Speaking of Australian spying on its regional neighbors and its lawyers, which we were the other day, the International Court of Justice has handed down a decision in a dispute between Australia and East...
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Over at Secrecy News, the estimable Steve Aftergood writes:
Could Congress legally compel the executive branch to disclose classified opinions of the Foreign Intelligence Surveillance Court? Maybe not, ...
