In the Journal

on June 2, 2011 at 12:53 pm

Untangling Attribution

By David D. Clark* and Susan Landau** — Click here to read the full text of the Essay As a result of increasing Internet insecurity — DDoS attacks, spam, cybercrime, and data theft — there have been calls for an Internet architecture that would link people to packets (the fundamental communications unit used in the Internet). The notion is that […]

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on June 2, 2011 at 12:52 pm

Beyond Guantanamo: Two Constitutional Objections to Nonmilitary Preventive Detention

By Eric Sandberg-Zakian* — Click here to read the full text of the Article Eric Sandberg-Zakian addresses nonmilitary preventive detention, a scheme that has gained support as a sensible alternative to holding suspected terrorists now that indefinite, unreviewable military detention is no longer an option. Such a program would empower the government to detain suspects who are potentially dangerous but […]

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on June 2, 2011 at 12:48 pm

Mission Possible: How Intelligence Evidence Rules Can Save UN Terrorist Sanctions

By Vanessa Baehr-Jones* — Click here to read the full text of the Article In this Article, Vanessa Baehr-Jones addresses the familiar tension between due process and the prosecution of counterterrorism operations, but does so through the less familiar context of UN Security Council Resolution (UNSCR) 1267, which targets terrorist financing. In the wake of the expanded employment of UNSCR […]

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on June 1, 2011 at 12:42 pm

The CIA and Targeted Killings Beyond Borders

By Philip Alston* - Click here to read the full text of the Article This Article focuses on the accountability of the Central Intelligence Agency (CIA) in relation to targeted killings, under both United States law and international law. As the CIA, often in conjunction with Department of Defense (DOD) Special Operations forces, becomes more and more deeply involved in […]

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on May 19, 2011 at 5:27 pm

Mission Possible: How Intelligence Evidence Rules Can Save UN Terrorist Sanctions

Vanessa Baehr-Jones addresses the tension between due process and targeting terrorist financing in the context of UN Security Council Resolution 1267.

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on February 5, 2011 at 9:08 pm

The National Security Threat of Energy Dependence: A Call for a Nuclear Renaissance

Arthur Rizer explores the national security implications of energy dependence and argues that a nuclear renaissance would greatly improve the United States’ national security.

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on January 22, 2011 at 5:20 pm

Strategic Choices: Four Legal Models for Counterterrorism in Pakistan

James J. Saulino describes four legal frameworks for the conduct of counterterrorism in Pakistan and evaluates their effectiveness toward meeting U.S. strategic interests.

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on January 10, 2011 at 9:05 am

Cybersecurity and National Policy

Daniel Geer’s essay on cybersecurity policy, found in NSJ Volume 1, has been nominated for the Third Annual Social Security Blogger Awards.

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on January 3, 2011 at 7:36 pm

Investigating Violations of International Law in Armed Conflict

By Michael Schmitt - Click here to read the full text of the Article This article discusses how states attempt to fulfill their obligations under international humanitarian law (IHL) and international human rights law to respond to alleged violations of international law by their militaries during armed conflict. Part I lays out requirements under IHL to investigate and prosecute war […]

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on January 2, 2011 at 10:07 am

Freedom of Speech, Support for Terrorism, and the Challenge of Global Constitutional Law

By Daphne Barak-Erez and David Scharia - Click here to view the full text of the Article In the recent case of Holder v. Humanitarian Law Project, the Supreme Court of the United States ruled that a criminal prohibition on advocacy carried out in coordination with, or at the direction of, a foreign terrorist organization is constitutionally permissible: it is not tantamount […]

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