Benjamin Sonnenberg* [This essay is available in PDF at this link] Introduction Almost 3,000 Americans died on September 11, 2001.[1] In response to the disaster, and shortly following the U.S.-led invasion of Afghanistan, President Bush issued a Military Order pertaining to the “detention, treatment, and trial” of non-citizens in the War on Terror.[2] This Order established the modern system of military commissions at the Guantanamo Bay Naval Base (GTMO). The Order authorized trial by military tribunal for non-U.S. citizens who were members… Read more: A Foreign Organ: Courts-Martial as an Alternative to the 9/11 Military Commissions
* This article is the last in a symposium on Kevin Jon Heller’s “The Concept of “the Human” in the Critique of Autonomous Weapons,” published in this journal in 2023. It responds to prior articles in the symposium which can be found in the Harvard National Security Journal Online at https://harvardnsj.org/onlineedition. Kevin Jon Heller [**] [This essay is available in PDF at this link] INTRODUCTION At the beginning of their response to my article, Elke Schwarz… Read more: THE FETISHIZATION OF “THE HUMAN” IN THE CRITIQUE OF AUTONOMOUS WEAPONS
*This article is part of a symposium on Kevin Jon Heller’s “The Concept of “the Human” in the Critique of Autonomous Weapons,” published in this journal in 2023. All articles in the symposium can be found in the Harvard National Security Journal Online at https://harvardnsj.org/onlineedition. Dr. Marta Bo[**] [This essay is available in PDF at this link] I. Introduction In this reply, I challenge the “Humans vs. AWS” narrative, which claims that AWS will achieve unprecedented targeting… Read more: Countering the “Humans vs. AWS” Narrative and the Inevitable Accountability Gaps for Mistakes in Targeting: A Reply to Kevin Jon Heller
Editors’ Note: The author researched and wrote this piece the summer after her first-year of law school, in 2020. The piece was accepted as an anonymous student submission shortly thereafter. Since then, the author obtained her J.D. from Harvard Law School in 2022 and is now a practicing attorney in New York. Natassia Velez* [This essay is available in PDF at this link] Introduction Her breath caught in her throat as she saw the scene… Read more: The Image of Combat, Not Community: A Critique on Law Enforcement Use of Military Equipment
* This article is part of a symposium on Kevin Jon Heller’s “The Concept of “the Human” in the Critique of Autonomous Weapons,” published in this journal in 2023. All articles in the symposium can be found in the Harvard National Security Journal Online at https://harvardnsj.org/onlineedition. Elke Schwarz[**] Neil Renic[***] [This essay is available in PDF at this link] I. Introduction Critiquing a critique is a delicate matter. One risk is that the intention of the… Read more: On the Pitfalls of Technophilic Reason: A Commentary on Kevin Jon Heller’s “The Concept of ‘the Human’ in the Critique of Autonomous Weapons”
Haldor Mercado* [This essay is available in PDF at this link] I. Introduction As an enormous superweapon known as the “Death Star” orbits the Earth-like planet of Alderaan, the commander gives the order to “fire when ready”; with the press of a button and the pull of a lever, a beam of energy obliterates the planet.[1] Since Star Wars was first released in 1977, that scene and others like it have remained fanciful; there has not yet been the kind… Read more: “Using the Force” Against “Rebel Scum”: The Application of International Humanitarian Law in Outer Space Against Non-State Actors
Richard McCutcheon*1 [This essay is available in PDF at this link] Introduction The Stored Communications Act (SCA)[1] has generated numerous practical headaches for academics and judges as digital technology advances in scope and importance.[2] Created in 1986 as part of the Electronic Communications Privacy Act (ECPA), the SCA established the statutory regime that governs access to stored electronic communications by the government and third parties.[3] The SCA has been repeatedly criticized for being outdated and ill-suited for modern… Read more: Impractical and Unconstitutional: The Stored Communications Act Post-Carpenter
Thomas Edward Brzozowski[1]* [This essay is available in PDF at this link] I. Introduction The terrorist attacks of 9/11 radically altered the U.S. counter-terrorism apparatus and resulted in the creation of a host of new governmental departments and agencies tasked with safeguarding the country against the scourge of international terrorism. By many accounts, however, domestic terrorism remains the greater threat. According to a recently released Office of the Director of National Intelligence (ODNI) report on domestic… Read more: National Security and Domestic Terrorism: The Legal and Legal Policy Implications of Creating a Domestic Terrorism Organization List
Fatemah Albader[*] [This essay is available in PDF at this link] Introduction With the fast-evolving and increasing reliance on artificial intelligence (AI) technology in armed conflict, the question of when a state may be held responsible for AI mistakes is no longer a question for science fiction. Today, every sector – public or private – displays some dependency on AI. The healthcare industry utilizes AI to perform surgical tasks.[1] The education sector uses AI to provide… Read more: Exploring the Application of Force Majeure for AI Mistakes in Armed Conflict
Justin Malzac[*] [This essay is available in PDF at this link] “It’s always easier to stamp out a small ember than to put out a raging fire.” [1] — Lloyd Austin, Secretary of Defense Introduction Influence operations, including propaganda and psychological operations, have been a central aspect of international rivalry for over a century. Emphasis on this particular form of grey zone diplomacy and competition faded after the fall of the Soviet Union and the… Read more: Expanding Lawful Influence Operations
Andrew Huang[*] [This article is available in PDF at this link] I. Introduction In May 2013, at a remote firing range deep in central Texas, there was silence. Then, a sharp crack reverberated across the prairieland as engineers led by then-25-year-old Cody Wilson successfully test-fired the world’s first entirely 3D-printed gun for the very first time.[1] “Fuckin’ A!” they exclaimed; not quite the Bhagavad Gita verse recalled[2] by Robert Oppenheimer after the Trinity nuclear test,… Read more: 3D Printed Speech: 3D-Printer Code Under Constitutional Scrutiny
Ryan Pereira [*] [This article is available as a PDF at this link.] Introduction On May 3, 2015, two individuals committed to the Islamic State (IS) and armed with high-powered assault rifles opened fire at a contest for cartoon depictions of the Prophet Muhammad held in Garland, Texas.[1] The two gunmen injured an off-duty police officer before another officer shot and killed them.[2] After the attack, the U.S. government disclosed that Elton Simpson, one of… Read more: Shining Light on the “Going Dark” Phenomenon: U.S. Efforts to Overcome the Use of End-to-End Encryption by Islamic State Supporters
Robert M. Chesney* The following is a re-posting of a Volume 5 print article by Robert M. Chesney, the full text of which is available at this link. The article is newly relevant in light of the current situation in Afghanistan. Abstract Does it really matter, from a legal perspective, whether the U.S. government continues to maintain that it is in an armed conflict with al Qaeda? Critics of the status quo regarding the use… Read more: Postwar
Matthew Fitzgerald[*] [This essay is available at this link] Introduction I think it might be edifying to you if you all had Facebook pages, because you might understand how it’s being used and misused.[1] In 2019, prominent “YouTuber” Austen Alexander posted a video titled “Why I Was Investigated by the Navy (not clickbait).”[2] The author’s YouTube channel features his creative commentary and insider’s take on employment as an active duty sailor.[3] The author earns thousands… Read more: Thank Me for My Service: An Ethics Oversight in Department of Defense Social Media Policy
Chimène Keitner[*] [This essay is available in PDF at this link] Introduction On June 23, 2020, the Senate Judiciary Committee held a hearing on “The Foreign Sovereign Immunities Act, Coronavirus, and Addressing China’s Culpability.”[1] This article memorializes the written testimony of Professor Chimène Keitner submitted in advance of that hearing.[2] This is the first part in a series of works by Professor Keitner that the National Security Journal will publish in the coming weeks. In the… Read more: The Foreign Sovereign Immunities Act, Coronavirus, and Addressing China’s Culpability, Part I: Written Testimony
Peter G. Machtiger[*] [Full text of this Article in PDF is available at this link] Introduction Following the terrorist attacks of September 11, 2001, the United States government rallied around its national security apparatus to improve its ability to detect and prevent future acts of terrorism. As part of this mission, the Intelligence Community was asked to “identify and target plotters in some of the most remote parts of the world and to anticipate the actions… Read more: Updating the Fourth Amendment Analysis of U.S. Person Communications Incidentally Collected Under FISA Section 702
Steven Hill[*] & Benjamin Bastomski[†] [This essay is available in PDF at this link] Introduction This Article examines the background, design, and early execution of NATO’s naval deployment in the Aegean Sea in support of broader international efforts to address the 2016 crisis involving persons crossing or attempting to cross waters in that area.[1] That crisis was often popularly referred to interchangeably as a “refugee crisis” or “migrant crisis.”[2] For the purposes of this Article, we… Read more: Legal Dialogue on Human Rights Obligations: NATO’s Aegean Sea Activity as a Case Study
Jonathan Fischbach[*] [This essay is available in PDF at this link] Introduction: A Revealing Inversion Data scientists utilize artificial intelligence (AI) in thousands of different contexts, ranging from analytics that design culinary masterpieces and identify illegal fishing, to algorithms that diagnose cancerous tumors, virtually compose symphonies, and predict vehicle failures.[1] Two communities within this expansive field, acting independently and without coordination, are currently experimenting with AI for the same narrow purpose—to determine whether machine-learning algorithms can… Read more: A New AI Strategy to Combat Domestic Terrorism and Violent Extremism
Seth Barrett Tillman[*] [This essay is available in PDF at this link] In their Lawfare post,[1] Professor Jack Goldsmith and Ben Miller-Gootnick put forward the traditional argument that legislative-officer succession, as permitted by the Presidential Succession Act of 1947 (1947 Act),[2] leads to undesirable and destabilizing changes in party control. Quoting a report of the Continuity in Government Commission, Goldsmith and Miller-Gootnick write: [A] “political zealot might seek to change the party in the executive… Read more: Why Strict Cabinet Succession Is Always Bad Policy: A Response to Professor Jack Goldsmith and Ben Miller-Gootnick
A Government Lawyer[*] [This essay is available in PDF at this link] Introduction About two weeks before the U.S. House of Representatives impeached President Trump, Professor Josh Blackman and Seth Barrett Tillman published an article on Lawfare. In it, they argue that Trump’s withholding from Ukraine of military aid and a White House meeting, meant to pressure it to announce an investigation of Joe and Hunter Biden, did not amount to bribery for impeachment purposes.[1]… Read more: Yes, Trump’s Shakedown of Ukraine Was Impeachable “Bribery”
Louis René Beres[*] [This essay is available in PDF at this link] Introduction In early May 2019, U.S. President Donald Trump—responding to Kim Jung-un’s latest round of missile tests—sought to reassure the American public. His seat-of-the-pants comments, however, were based entirely upon the presumed importance of his personal relationship with Kim Jung-un and had nothing to do with any measurably refined strategic assessments or “preparation.” In these public comments, Trump has stressed that “attitude,” not… Read more: Complex Determinations: Deciphering Enemy Nuclear Intentions
Sean K. Price[*] [This article is available in PDF at this link] Introduction The United States is under attack. In the months leading up to hostilities, the enemy’s intelligence agencies have identified key U.S. and allied military officials who use cloud-connected artificial pacemakers[1] or implantable cardiac defibrillators (ICD).[2] Immediately preceding offensive operations in the physical domains, the adversary’s cyber force pushes malware to those officials’ pacemakers, which accept it as authentic firmware updates produced by… Read more: Perfidy in Cyberspace: The Requirement for Human Confidence
Shane R. Reeves[*] & Ronald T. P. Alcala[†] [This essay is available in PDF at this link] On December 19, 2018, President Trump ordered the withdrawal of U.S. forces from Syria.[3] While U.S. troops have not completely left Syria,[4] the slow drawdown provides an opportunity to reflect on some of the legal challenges that arose during the conflict. The U.S. Army regularly uses after action reports (AAR) to record observations and capture lessons learned from… Read more: Five Legal Takeaways from the Syrian War
In our latest Student Article, Dominic Rota, Belmont University College of Law ’18, discusses the implications of the advent of quantum computing on the international legal regulation of cyberwarfare.
by Major Dan Maurer—Limited strikes of debatable legality, such as the Trump Administration’s strike against Syrian chemical weapons facilities last spring, are likely to continue happening. Major Dan Maurer of the U.S. Army outlines 13 generic questions to guide senior military officers as they discuss planning these missions with civilian decision-makers.
by Eli Greenbaum—The Trump Administration recently blocked Broadcom’s proposed acquisition of Qualcomm, citing concerns about Chinese involvement in the process of establishing a technical standard for 5G networks. Eli Greenbaum of Yigal Arnon & Co. argues that these concerns defy longstanding U.S. positions and are unfounded.
by Major Sean B. Zehtab—How should we design oversight of cyber-operations and intelligence gathering as such operations will increasingly take place at the tactical level? Major Sean B. Zehtab of the U.S. Army argues that we should look to the Command Operations Review Board of the U.S. Special Operations Command for guidance.
By Major David J. Stuckenberg and Dr. Anthony L. Contento — This Article examines the global state of freshwater scarcity and the often-neglected linkages of water scarcity to economic, social, political, legal, and security consequences arising from disruptions, failures, or attacks on water access and distribution systems. Poorly understood links between access to adequate water and national stability pose severe global security risks.
By Maj. Richard Hossfeld; Brooke Hossfeld; Maj. David Dixon — Instead of waiting passively for effective WHO reform, the United States Government—which currently provides more funding to the WHO than any other member—should act as the authority to influence disease response coordination and declare epidemic and/or pandemic outbreak on behalf of the world.
It’s 2020 and Boston has become a haven for homicide. Believing that an uptick in drug trafficking is responsible for the uptick in homicides—and left behind by its inability to break into the traffickers’ encrypted devices and communications—the Boston Police Department has a potential solution to its unsolved homicide problem: drones.
By Dan E. Stigall — This Article highlights the degree to which institutional frailty in the Indian justice sector poses a national security risk to the United States, and illuminates policy choices that can serve to mitigate this potential threat to U.S. persons and national interests. In particular, this Article demonstrates that a revitalized Indian justice sector would help create a bulwark against regional instability and the pernicious threat posed by global jihadist groups currently seeking a foothold in South Asia.
Threats against aviation change constantly; countermeasures developed to combat emergent threats will become obsolete as new threats appear. Therefore, it is imperative for security practitioners to stay ahead of their enemies by identifying potential threats. This Article discusses ways in which current procedures fall short and should be reassessed.
This article summarizes the nature and purpose of the government’s terrorist watchlists, discusses the rules followed by agency screeners, explores the civil liberties implications of watchlisting, and identifies the need for oversight of the process.
By Maj. Gen. Charles J. Dunlap, Jr., USAF (Ret.)* The Washington Post recently ran a story entitled “Would declaring ‘war’ on ISIS make victory more certain—or would it even matter?”[1] Among other things, it stated that today, “[m]ost legal scholars find a war declaration irrelevant.” Maybe so, but I’m not one of them. One scholar was quoted as saying that “[d]eclaring war does not serve any real function under modern international law, and it is… Read more: Why Declarations of War Matter
This Article proffers a hitherto understated mechanism for the establishment, maintenance and cogent analysis of national security: the establishment and maintenance of religious pluralism. To date, official positions and scholarship sparingly comment on this assertion. To address these gaps and to offer a fresh perspective on this subject, this Article undertakes a legal analysis to buttress the notion that U.S. national security interests can be best served by working towards the establishment of religious pluralism around the globe. Due to its strategic relevance for U.S. national security, the case of Pakistan – and the constitutional and legal apparatus that undergirds its view of religious minorities – serves as a blueprint for understanding this new national security paradigm (“NNSP”).
Photo courtesy of Wikimedia Commons
On November 13, 2001 then-President George W. Bush issued a military order that would forever be remembered. His military order “called for the [S]ecretary of [D]efense to detain non-citizens accused of international terrorism.” Specially, the order applied to members of al Qaeda, and “all those who have engaged in, aided, or conspired to commit international terrorist acts against the United States or its citizens.” The Secretary of Defense “[was] charged with establishing military tribunals (also called military commissions) to conduct trials of non-citizens accused of terrorism either in the United States or in other parts of the world.” Then-President Bush’s military order created the United States (U.S.) Military Commissions that have been the center of continued national and international criticism.
Photo courtesy of Wikimedia Commons
By Daniel Garrie and Shane R. Reeves[1] Click here to read the full text as a PDF. “[U.S] information systems face thousands of attacks a day from criminals, terrorist organizations, and more recently from more than 100 foreign intelligence organizations.”[2] Looking forward, if the pace and intensity of attacks increase and are not met with improved defenses, a backlash against digitization could occur, with large negative economic implications. Using MGI data on the technologies that… Read more: So You’re Telling Me There’s A Chance: How the Articles on State Responsibility Could Empower Corporate Responses to State-Sponsored Cyber Attacks
Assistant Attorney General for National Security John P. Carlin delivered remarks at Harvard Law School on Thursday, December 3rd at an event hosted by the Harvard National Security Journal.
In wide-ranging remarks at Harvard Law School on Friday October 16 2015 John Bellinger, now a partner Arnold & Porter LLP, reflected on his 29-year legal career in both the public and the private sectors, discussed international law, and encouraged students to pursue careers in national security.
When President Obama hosts Chinese leader Xi Jinping at the White House this week, he will do so as the eighth US president, starting with Richard Nixon, to engage with China based on a failed strategy. This article revisits a Foreign Affairs article—”Asia After Vietnam”—authored by Richard Nixon in October 1967.
By Major Dan Maurer* This essay imagines a fictional future ground conflict pitting the United States and a host country against a non-state militant terrorist organization that has seized territory. This hypothetical scenario imagines a “rule of law” mission in the immediate wake of conventional combat, but suggests that this task will be, ultimately and inevitably, hampered when the intervening and host nation have different strategic understandings and intentions for their rule of law activities.… Read more: Cross-eyed: Planning When Host-Nation and Intervener Rule of Law Strategies are Unaligned
To best serve Israel, the country’s strategic studies community should favor more conceptual or “molecular” assessments of expected security perils.
Photo courtesy of Wikimedia Commons
While policymakers may argue that military drone combat presents no risk to American forces, the battle scars for drone operators are more psychological than physical. We should support the mental health of those soldiers we task with operating drones.
Photo courtesy of Wikimedia Commons
Food security was a key driver behind the development of the current framework governing the law of the sea. This matters for why–and how–the Chinese are contesting claims in the South China Sea.
Photo courtesy of Reuters.
3 areas continue to hold our national security at risk and plague drone integration efforts: (1) inadequate safety systems, (2) inadequate statutes, and (3) incomplete threat analyses. The authors discuss each area in detail along with proposed solutions. Photo courtesy of Wikimedia
I. Introduction In 2012, the U.S. Congress passed the FAA Revitalization and Reform Act which among other provisions called for the integration of drones into the U.S. national airspace. While the statutory provision was an attempt to meet the needs of an emerging industry which includes the defense sector, Congress inadvertently failed to examine many of the potential problems relating to the use of domestic drones. In spite of industry and government efforts to mitigate… Read more: Expert Interviews for Drones in the U.S. National Airspace System: A Safety and Security Assessment
Many Americans are skeptical or distrustful of U.S. Government intelligence collection methods. Increasing transparency by presenting additional data in an accessible way could help.
Data travels across the globe instantly, but the current system for sharing information across jurisdictions is inadequate. Here’s why we need reform, and what that reform should look like. By Jonah Force Hill.
The military’s restricted reporting policy for sexual assaults–permitting members of the armed services to seek help without initiating a formal investigation–has helped victims and investigators alike. But state law exceptions, like California’s, counteract some of these gains. Here’s why, and how, the exception should be overturned.
Tony Carr* As Congress returns for a lame-duck session that promises to be equal parts theatrical and unproductive, President Obama is making a promise of his own: to pursue a new Authorization for the Use of Military Force (AUMF) legitimizing action against ISIS. Notwithstanding the division and skepticism of the current political moment, the AUMF represents a critical opportunity to unify Americans around an important policy goal: grounding an unmoored foreign policy while reestablishing… Read more: The Best Way to Honor Veterans: Decide Carefully About the Next War
By Brandt Pasco* A signature national security priority of President Barack Obama’s Administration, and an area that has generated rare broad-based bipartisan support, is export control reform. At the request of Secretary of Defense Robert Gates, in August 2009 President Obama directed the National Security Council and National Economic Council to jointly review the overall export control system.[1] Now five years in the making, initial implementation of export control reform went into effect on October… Read more: The Case for Export Control Reform, and What it Means for America
Daniel D’Isidoro* Introduction Members of the intelligence community receive different whistleblower protections than most federal employees, in large part due to the classified nature of their work. Though recent reforms have sought to shore up whistleblower protections, regulatory gaps remain. The following piece explores some of those gaps through examples, and suggests reforms to address them. Needed reforms include providing financial incentives to whistleblowers who identify massive fraud or waste in government programs; giving employees… Read more: Protecting Whistleblowers and Secrets in the Intelligence Community
By Louis René Beres* In early 2014, Washington and Moscow competed openly for influence in Egypt: Putin even promised expansive arms packages to now-President Sisi. With this in mind, Sisi is apt to play the U.S. and Russia off against each other, a cold war strategy that has implications for Israel’s security doctrine, including perhaps its nuclear doctrine.(1) Israel operates within a global system(2) that appears to be falling back into some form of earlier… Read more: Staying Strong: Enhancing Israel’s Essential Strategic Options
By Laurie R. Blank* This is the final article in a three-part series on the Ukrainian crisis’s implications and lessons for the international law of armed conflict. You can read Part 1 and Part 2 here. Recent events in eastern Ukraine highlight the challenges of identifying the groups involved. Pro-Russian separatists, militants, pro-Ukrainian “street fighters”, nationalists, terrorists — many terms have been used in media reports. Many such groups wear no identifying uniform and others have deliberately covered… Read more: Ukraine’s Crisis Part 3: The Principle of Distinction and LOAC’s Key Goals
Series Introduction Following a new outbreak of violence in eastern Ukraine on Thursday, tensions in Ukraine and between Russia and the United States and NATO countries are high ahead of Ukraine’s presidential elections Sunday. Russian troops remain along Ukraine’s eastern border, notwithstanding Moscow’s promise of withdrawal. In this murky situation, however, it is crucial to rely on several foundational principles of international law to protect persons, sovereignty, and national security. The conflict in Ukraine demonstrates the importance… Read more: Ukraine’s Crisis Part 2: LOAC’s Threshold for International Armed Conflict
Emory Law Professor Laurie R. Blank argues that the conflict in Ukraine demonstrates the importance of sustaining the strict separation between the law of armed conflict (LOAC) and the jus ad bellum, a low threshold for recognition of international armed conflict, and the principle of distinction in today’s conflicts.
Amien Kacou, attorney at GPI Law PLLC, argues that analogies from the use of lethal force against hostage-takers or fleeing felons to justify targeted killings of suspected al Qaeda terrorists are misguided. Image courtesy of Marie-Lan Nguyen / Wikimedia Commons / CC-BY 2.5.
Katherine Earle of AEI discusses the recent Crimean referendum to join Russia and the associated security implications. Image courtesy of Getty Images.
The Harvard National Security Journal is launching a new initiative. Each month, panelists will comment on a question posed by the NSJ staff. This month’s topic: metadata. Image courtesy of NASA.
Mitchell S. Kominsky, Counsel for the U.S. House Committee on Oversight and Government Reform, discusses the state of cybersecurity legislation and the evolving nature of cyber policy. Image courtesy of Getty Images.
Corri Zoli and Emily Schneider untangle the infighting between rival groups in Syria and the calls to use Shari’a to mediate the conflicts on the battlefield. Image courtesy of Wikimedia Commons.
Lieutenant Joseph Hatfield discusses the merits of a “reverse draft” in bridging the growing disconnect between civilian society and the military. Photo courtesy of Wikimedia
Professor Louis René Beres brings to bear two classical traditions to apply them to Israeli strategic planning. In this article, he takes a fresh look at Sun-Tzu’s The Art of War and weaves in Greek dialectical reasoning. Image courtesy of Wikimedia Commons.
Harvard Law Student Menno Goedman discusses critiques of the FISC appointment process in light of the increased public scrutiny of American intelligence operations. Photo courtesy of Wikimedia
Professor Louis René Beres considers Israeli actions in response to threats emanating from Syria, Lebanon, and Iran in the contexts of weapons transfers, missile attacks, and an increasingly volatile situation in Syria. Map courtesy of Google Maps.
University of Virginia Law Professor Frederick Hitz discusses his theories regarding what he terms the “relentless non-humanity” of drone warfare. Photo courtesy of Getty Images
King’s College London PhD student Austen D. Givens explores some of the ways in which the “ratchet effect” can impact anti-terrorism laws, making them difficult to scale back, and offers a set of policy recommendations to mitigate its effects. Photo courtesy of Getty Images
Major Shane R. Reeves and Lieutenant Colonel Jeffrey S. Thurnher address the relationship between the principles of military necessity and humanity, and warn that an overemphasis on humanity may be unfolding in the contexts of the “capture or kill” debate, autonomous weapons systems, and cyber warfare. Photo courtesy of the U.S. Air Force
Benjamin Wittes and Stephanie Leutert discuss the stifling effects of Wikipedia censorship on the national discussion of Lawfare. Photo courtesy of Reuters
Gerard J. Kennedy, Innokenty Pyetranker, and Manik Suri shed light on two recent Second Circuit opinions that will likely have an enduring impact on civil terrorism-related lawsuits. Photo courtesy of Twin Cities Business.
Michael Robertson: A new drone base in West Africa raises questions about the future of U.S. national security policy in this volatile region. Photo courtesy of Lonely Planet.
Sean K. Driscoll: The New York State Court of Appeals has made clear that the definition of “terrorism” does not encompass gang violence. Photo courtesy of Getty Images.
Prof. Michael N. Schmitt responds to the recent Human Rights Watch report, Losing Humanity, and argues it blurs the distinction between international humanitarian law’s prohibitions on weapons per se and those on the unlawful use of otherwise lawful weapons. Photo courtesy Sandia National Laboratories
Laura Johnston: Allowing women to serve in combat roles is overdue, and brings the United States in line with the trend in modern democracies. Photo courtesy of Reuters.
Major Charles G. Kels argues that the current standoff over legal regimes applicable to counterterrorism operations misconstrues the law of armed conflict and risks undermining its moral force. Photo courtesy of Judge Advocate General’s Legal Center and School.
P.J. Blount, Research Counsel at the National Center for Remote Sensing, Air, and Space Law, explores the complicated legal landscape of targeting in space. Photo courtesy of NASA.
Catherine Arney: As one of the busiest travel periods of the year approaches, the trials and tribulations faced by the Transportation Security Administration merit attention and retrospection. Photo courtesy of the Associated Press.
Jonathan H. Levy: The United States Navy plays an critical role, and must not be underfunded in dangerous times. Photo courtesy of US Navy/ Mass Communication Specialist 3rd Class Kenneth Abbate/Released.
Kait Michaud: The Supreme Court docket for 2012-2013 reveals the continued role that Fourth Amendment questions will play in future constitutional jurisprudence. Until Congress takes action, it is likely that the Court will continue to deny without comment Fourth Amendment cases concerning new technological devices. Photo courtesy of PBS.
Sara Slavin: The prosecution of CIA whistleblower John Kiriakou blurs the line between protecting our national security interests and chilling legitimate whistleblowing.
As three Uighurs remain in Guantanamo, Daniel J. Feith finds that the D.C. Circuit ruling that kept them there is surprisingly consistent with Boumediene.
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 of domestic law sources and precedents. That survey, however, was inaccurate and incomplete.
On April 6, the National Security Journal hosted its 2012 symposium: The Law and Policy of Covert Operations: Current & Future Challenges. Dana Priest of the Washington Post gave the keynote address at the symposium. A video of her keynote address is available here.
By Colonel Mark W. Holzer * — Click here to read the full text as a PDF Abstract The term “lawfare” has become part of the lexicon of the current global conflict and although it is defined in various ways, it is essentially a way to describe legal activities within the context of armed conflict. To date, the term has not been applied to legal activities focused on negatively impacting United States’ adversaries. This article… Read more: Offensive Lawfare and the Current Conflict
Ben White: The NYPD counter-radicalization strategy is an example of the often-inconsistent approaches of various federal, state, and local law enforcement agencies to combating radicalization.
