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How Does the UN Define “Direct Participation in Hostilities”?
One theme of Ben Emmerson’s interim report on remotely piloted aircraft and targeted killings is that governments must be more transparent with regard to any civilian deaths they cause. It’s easy to fin... -
Spring 2014 Lawfare Internship
There are two weeks left to apply for the Lawfare internship for Spring 2014. We are looking for an undergraduate or a recent graduate, and will be accepting applications until November 1, 2013. The deta... -
The "Observer Effect": On the Role of Courts in National Security Cases
Over at The New Republic’s Security States blog, I have a new essay up entitled, “Courts Influence National Security Without Doing a Single Thing.” It begins: One of the most persistent fights in the na... -
Today’s Headlines and Commentary
Let's start with a brief tour of world developments over the weekend: France: NSA's been misbehaving, and the time's ripe for a parental trip to the principal's office. At least, that seems to be the v... -
We Robot 2014 - Call for Presentation Proposals (Including on National Security Topics)
For reasons that won’t surprise anyone, Lawfare deals a lot with automation and robotic technologies, ranging from cyber to big data to military robotics. So readers might be interested to learn of next... -
Response Brief in Counsel Access Case, Hatim v. Obama
Guantanamo detainees have filed their response brief in the D.C. Circuit appeal of Hatim v. Obama, the "counsel access" case. -
The Week That Was: All of Lawfare In One Post
The world was consumed with the debt ceiling crisis and the shutdown this week, a topic on which Lawfare had only a limited amount to say. Ben stated the obvious: that the government shutdown is a nation... -
Support Lawfare Too---Or Instead
This week was pledge drive on Washington's major NPR affiliate: WAMU. If you're like me, NPR pledge week involves a certain disruption in daily schedule. NPR is one of my major news sources. But I tend t... -
Oral Argument Recap: Aamer v. Obama
Here’s a read-out from today’s oral argument in Aamer v. -
Two Noteworthy Features of the Most Recent 215 Ruling
As Ben noted, the Foreign Intelligence Surveillance Court (FISC) has redacted and made available another memorandum and primary order dealing with Section 215 telephone metadata collection. Two things s... -
New FISA Court Opinion on Bulk Data Under Section 215
Get yer copies of the memorandum and primary order here. (Other less interesting documents here and here.) I'll write up my thoughts as soon as I have any. -
Autonomous Weapon Systems: Why a Ban (Still) Won't Work and How the Laws of War Can
Over at TNR's Security States, Matt and I have a new piece about international calls to ban autonomous weapon systems. It begins like this: What if armed drones were not just piloted remotely by humans ...
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