Main Volumes

By Daphne Barak-Erez* — Click here to read the full text of the Article When collecting information about possible terrorist attacks, national security agencies may have to choose between competing systems of implementation, all infringing individual rights. Should they collect information by indiscriminately wiretapping communications in the population at large or by implementing harsher means, such as investigations under arrest, against individuals known to be involved in terrorist activities? Assuming that both policy options, at least in certain cases, are equally effective, this question highlights the fact that many national security decisions entail distributive implications. This Article analyzes the centrality […]

By Haridimos V. Thravalos* — Click here to view the full text of the article. The U.S. Court of Appeals for the District of Columbia Circuit will soon confront the question of whether, under the Military Commissions Act of 2009, conspiracy to violate the law of war is an offense triable by law-of-war military commission. In June 2006, a plurality of the Supreme Court in Hamdan v. Rumsfeld determined that the Government failed to make a colorable case for the inclusion of conspiracy among those offenses cognizable by law-of-war military commission. The plurality’s reasoning was largely based on its survey

By Paul H. Robinson* & Adil Ahmad Haque** — Click here to read the full text of the Article Current international law imposes limitations on the use of force to defend against unlawful aggression that improperly advantage unlawful aggressors and disadvantage their victims. The Article gives examples of such rules, governing a variety of situations, showing how clearly unjust they can be. No domestic criminal law system would tolerate their use. There are good practical reasons why international law should care that its rules are perceived as unjust. Given the lack of an effective international law enforcement mechanism, compliance depends

By Andru E. Wall* — Click here to read the full text of the Article Modern warfare requires close integration of military and intelligence forces. The Secretary of Defense possesses authorities under Title 10 and Title 50 and is best suited to lead US government operations against external unconventional and cyber threats. Titles 10 and 50 create mutually supporting, not mutually exclusive, authorities. Operations conducted under military command and control pursuant to a Secretary of Defense-issued execute order are military operations and not intelligence activities. Attempts by congressional overseers to redefine military preparatory operations as intelligence activities are legally and