As Bobby Chesney noted at Lawfare a few days ago, the Court of Military Commission Review (CMCR) has issued the following order in al-Bahlul: Upon consideration of the record of trial and pleadings of the parties and amicus curiae, the following issues are specified and oral argument is ordered: I. Assuming that Charges I, II, and III allege underlying ...
I've been updating my article advocating for an e-SOS (the first draft is available here). When I originally wrote it, Stuxnet had been identified as one of the first forms of malware to target SCADA systems explicitly (a SCADA--or “supervisory control and data acquisition”--system is one specifically designed to operate and control infrastructure, such as electrical and nuclear power systems, telecommunications, and oil...
What will daily life in Jerusalem be like a century from now? This is the theme of the Jerusalem 2111 International Animation Competition, organized by the Association of Planning and Conservation- Jerusalem (Beit Hamodel). The blog io9 has a post with links to some of the submissions, which include visions of a depopulated Jerusalem under UN control, what looks like a...
Samuel Witten is counsel at the law firm Arnold & Porter LLP. He worked at the State Department for 22 years, including six years as Deputy Legal Adviser (2001-2007) and three years as Principal Deputy Assistant Secretary of State for Population, Refugees and Migration (2007-2010). The world’s attention has been riveted on the potential foreign policy implications of the recent...
David Glazier is a Professor of Law at Loyola Law School in Los Angeles. He has written, under the same title as this post, a paper critiquing U.S. military commissions which you can download from SSRN here. As the Senate considers an outright ban on the transfer of detainees from Guantánamo to the United States this week, it seems obvious that...
I hope to have more to say in the next few days about Judge Bates' completely predictable decision to dismiss the ACLU/CCR lawsuit. I just want to flag here what is the most obvious problem with it. Judge Bates claims -- clearly trying to insulate himself from criticism -- that Contrary to plaintiff’s assertion, in holding that the political question...
According to a press release today, the OTP is conducting a preliminary examination into whether two recent North Korean attacks on South Korea qualify as war crimes: The shelling of Yeonpyeong Island on the 23 November 2010 which resulted in the killing of South Korean marines and civilians and the injury of many others; and The sinking of a South...
Needless to say, there’s a much warmer atmosphere at this year’s climate conference in Cancun than last year’s conference in Copenhagen. By all accounts, the Mexicans have done a great job both in preparing the diplomatic groundwork for this year’s meeting and in running the conference during its first week. They certainly have learned the lessons of the last war. ...
It's easy to laugh at the USG for its directives to employees re the handling of Wikileaks cables (as the NYT put it this morning, a case of "shutting the barn door after the horse has left"). The idea that a State Department employee talking about the cables in a Starbucks, much less with her spouse at home, would constitute...
As one of WikiLeaks' defenders, I feel obligated to respond to Roger's post. I have two major disagreements with it. First, I think it significantly overstates the harm caused by WikiLeaks, although it would be equally erroneous to claim that WikiLeaks has caused no harm whatsoever. Second -- and perhaps more important -- it completely ignores the the benefits of...
One of the underlying issues in the Wikileaks controversy is whether Julian Assange is truly that harmful. His defenders, and even some of his critics, maintain that Assange is not that dangerous. I disagree. Diplomacy. Diplomacy will be immeasurably more difficult if what government officials say in secret to one another can never be trusted to remain secret. ...
The Wikileaks episode seems to be turning to the USG's advantage, at least domestically: it's provoking a lot of sympathy for the government as an entity. That's a rare sentiment these days. Leave aside angry calls for Assange's head (almost literally), people are actually feeling sorry for the USG. One way that's being expressed is to compare the government to private...
