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 […]
All Human Rights Are Equal, But Some Are More Equal Than Others
The Extraordinary Rendition Of A Terror Suspect In Italy, the NATO SOFA, and Human Rights By Chris Jenks* and Eric Talbot Jensen** - Click here to download the published PDF version I. Introduction On February 12, 2003, at around 12:30 p.m., Mr. Osama Mustafa Nasr (Abu Omar) was walking from his house in Milan to […]
Law and Policy of Targeted Killing
Imagine that the U.S. intelligence services obtain reliable information that a known individual is plotting a terrorist attack against the United States. The individual is outside the United States, in a country where law and order are weak and unreliable.
FISA’s Significant Purpose Requirement and the Government’s Ability to Protect National Security
By Scott J. Glick* - Click here for the published PDF version In 2006, Congress enacted two potentially significant restrictions on the government’s ability to collect foreign intelligence information pursuant to FISA. Against the backdrop of a Foreign Intelligence Surveillance Court of Review (Court of Review) decision that arguably reached an erroneous conclusion about the […]
The Interpretive Guidance on the Notion of Direct Participation in Hostilities: A Critical Analysis
By Michael Schmitt - Click here to download the published PDF version I. Introduction In 2003, the International Committee of the Red Cross (ICRC), in cooperation with the T.M.C. Asser Institute, launched a major research effort to explore the concept of “direct participation by civilians in hostilities” (DPH Project).[1] The goal was to provide greater […]
Dialogue, Discourse, and Debate: Introducing the Harvard National Security Journal
September 11, 2001, stands as a critical pivot point in our nation’s history, one that put the threat of terrorism in the national spotlight and demanded immediate expertise in national security.