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The Security Council Should Ask the ICC to Investigate the Islamic State
I have an op-ed in the International New York Times today entitled “Make ISIS’ Leaders Face Justice” in which I argue that the UN Security Council should refer the Islamic State to the International Crim... -
"A Necessary, If Still Unpalatable, Potential Ally in Combating the Islamic State"
Remember these words the next time the New York Times runs a pious editorial decrying---with a spurious combination of selective facts and distorted law---some morally complicated aspect of U.S. -
A Worry About the New Executive Order on Sanctions for Malicious Cyber Activity
As Paul Rosenzweig noted earlier today in Lawfare, the President just signed out an Executive Order that can result in the imposition of financial sanctions on a variety of bad actors that ply their trad... -
Today's Headlines and Commentary
Last night’s deadline for a political agreement on Iran’s nuclear program came and went with no news of a deal. Talks, however, continue. The Hill reports that, according to a State Department spokeswoma... -
Executive Order on Cyber Sanctions
President Obama has, today, issued an executive order entitled, "Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities." On first glance it looks like a str... -
The Bergdahl Roadmap to Unilateral Presidential Closure of GTMO
We have not paid enough attention to the significance of the administration’s legal argument in support of the Bergdahl trade for President Obama’s goal of closing GTMO. The Article II logic in the admi... -
On the 2014 Gaza War Assessment
The recent “2014 Gaza War Assessment: The New Face of Conflict” deserves careful reading and consideration by all LOAC scholars and practitioners. The report was written by five richly experienced retir... -
The Zero Dark Thirtieth Birthday Cake
From the baker of hard national security choices, who once brought you the "drone strike cake"---called "notorious" by Rolling Stone magazine---it's the Zero Dark Thirtieth Birthday Cake: -
Intelligence Squared US Debate: "The President Has Exceeded His Constitutional Authority By Waging War Without Congressional Authorization"
This evening, at 6:45 pm, Intelligence Squared US is holding a debate on the resolution: "The president has exceeded his constitutional authority by waging war without congressional authorization." Argui... -
Steptoe Cyberlaw Podcast, Episode #60: An Interview with Paul Rosenzweig
Episode 60 of the Cyberlaw Podcast features Paul Rosenzweig, founder of Red Branch Consulting PLLC and Senior Advisor to The Chertoff Group. Most importantly he was a superb Deputy Assistant Secretary f... -
Judicialization of Warfare in the U.K.
A British think tank called Policy Exchange has released a very interesting report on judicialization of British warfare. Entitled "Clearing the Fog of Law: Saving Our Armed Forces from Defeat by Judicia... -
Today's Headlines and Commentary
In advance of tonight’s midnight deadline, nuclear negotiators in Switzerland have been working hard and working late. Yesterday, U.S.
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