• February 18, 2015
  A Global Cyber Federation? Envisioning a Red Cross Movement in Cyberspace
  Lately, I've spent a lot of time thinking about the future of cyberspace and how to deal with the coordination and collective action problems that are leading to the normalization of cyber insecurity. As I've written previously, I'm skeptical that th...

• February 17, 2015
  The Absence of Practice Supporting the "Unwilling or Unable" Test
  Regular readers of the blog know that one of my hobbyhorses is the "unwilling or unable" test for self-defense against non-state actors. As I have often pointed out, scholars seem much more enamored with the test than states. The newest (regrettable...

• February 10, 2015
  U.S. Federal Aviation Agency Issues Letter Authorizing(?) Creation of Private Moon Base
  Glenn Reynolds of Instapundit (and of the University of Tennessee Law School) has a short op-ed in USA Today celebrating the first official US government statement of support for the private exploitation of resources on the moon.  As Reynolds descri...

• February 9, 2015
  Guest Post: IHL Doesn’t Regulate NIAC Internment--A Drafting History Perspective
  [Jonathan Horowitz is writing in his personal capacity. He is a Legal Officer at the Open Society Justice Initiative’s National Security and Counterterrorism Program.] Ryan Goodman argues in a thoughtful new post at Just Security that IHL regula...

• February 6, 2015
  What Exactly Is the ICRC's Position on Detention in NIAC?
  I still need to write Part 2 of my response to Ryan Goodman, but it's worth noting that he and I actually agree about detention in NIAC much more than we disagree. We both agree that IHL itself does not authorize such detention. We both agree that th...