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The National Institute of Standards and Technology has released a discussion draft of the proposed cybersecurity framework called for by President Obama's Executive Order. Here is a draft: NIST Discuss...
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For years, the Intelligence Community has fought hard against the disclosure of its budget. Even the top line total was, for many decades, classified. Now, thanks to Edward Snowden, the Washington Post...
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A few years ago I wrote a Council on Foreign Relations report titled Intervention to Stop Genocide and Mass Atrocities: International Norms and U.S.
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The situation in Syria being fluid, and our writers having authored a good number of posts on the subject, I thought it might be useful to compile the blog's work on legal issues, international and domes...
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Dapo Akande has a pithy analysis of the legality of humanitarian intervention at EJIL: Talk! Akande notes that “there is very little State support for the view that international law permits States to u...
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So writes the D.C. Circuit in this terse per curiam order. It was issued Monday.
Al Warafi, a Yemeni detainee, had claimed in the District Court that he had not joined the Taliban, but instead worked o...
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I agree with Jack's analysis of the UK statement.
I would add that the British legal position is not new. The British relied on the doctrine of humanitarian intervention for their participation in the...
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Here is the UK’s statement on “the legality of military action in Syria following the chemical weapons attack in Eastern Damascus on 21 August 2013.” It maintains that “[i]f action in the Security Counc...
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Big news from the Department of Defense this morning: two detainees have been transferred from the Guantanamo detention facility to the government of Algeria.
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As I noted in an earlier post, the newly emerging uses of multi-lateral military force for humanitarian intervention -- such as to respond to states that gas their own citizens -- raise profound issues a...
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I'm leaving the Syria war powers discussion to those around here who actually know something about the subject, but I had one glancingly-related thought. If you're trying to decide the legality of a reso...
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Oona Hathaway and Scott Shapiro argue in the WP that military force in Syria absent Security Council authorization would violate the U.N. Charter, and they sketch alternatives to intervention. I agree ...
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Lawfare readers already know Laura Dean, author of the Cairo Diary we have been running the past few months. I met Laura a few years ago, when she was a Senate staffer and a close mutual friend brought ...
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You can find today's letter here.
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A review of Edward Snowden's 2011 background check reveals that it was, according to the Wall Street Journal's Brent Kendall and Dion Nissenbaum, "so inadequate that too few people were interviewed and p...
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Many thanks to everyone who expressed concern, offered assistance, and donated funds to help us resolve our recent technical problems. I'm pleased---and very relieved---to announce that as of yesterday, ...
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No, I'm not talking about the Syrian Electronic Army's likely take down of the New York Times website yesterday -- though that is probably what you were thinking and also probably the only one you've rea...
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I have a pretty broad view of presidential power to use military force abroad without congressional authorization. On that view, which is close to the past views of the Office of Legal Counsel, the plan...
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For anyone interested, I’ve posted to SSRN my draft article, forthcoming in the Yale Law Journal, titled “The Constitutional Power to Threaten War.” I’m pasting below the introduction, and I plan to pos...
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Jack's and Ashley’s analyses have covered the waterfront, so far as concerns the Kosovo precedent’s meaning (legal, moral and so forth) for a possible Syria intervention.