National Security Law

Train wreck, fiasco, disaster, dumpster fire, bad joke, kangaroo court, show trial -- take your pick, the description applies. Eviatar's post at Just Security a while back is a must-read; here is but one particularly disturbing snippet: Recent pre-trial hearings have revealed, for example, that the Guantanamo courtroom was equipped with microphones able to eavesdrop on privileged attorney-client communications; that the CIA...

John Sexton, the controversial President of NYU, has spoken out against the American Studies Association's much-debated resolution in favour of boycotting Israeli universities. Here is his statement, issued jointly with NYU's provost: We write on behalf of New York University to express our disappointment, disagreement, and opposition to the boycott advocated by your organization of Israeli academics and academic institutions. This boycott...

That's the punchline of a podcast Radiolab just released this week, provocatively titled "Sex, Ducks and The Founding Feud".  Along with John Bellinger, Joseph Ellis and Nick Rosenkranz, I was interviewed for the story by Jad Abumrad and Kelsey Padgett.  It was a fun experience overall trying to explain to a general audience the importance of the US treaty power and how...

Oklahoma City police are obviously upset that the UK has pulled ahead of the US in the competition to have the most absurd definition of terrorism. Hence this: On Friday, Oklahoma City police charged a pair of environmental activists with staging a "terrorism hoax" after they unfurled a pair of banners covered in glitter—a substance local cops considered evidence of a faux biochemical assault. Stefan...

The Office of the Prosecutor (OTP) at the ICC just released its 2013 Report on Preliminary Examination Activities. There is much to chew over in the report, but what is most striking is the OTP's slow-walking of its preliminary examination into crimes committed in Afghanistan. The OTP divides preliminary examinations into four phases: (1) initial assessment, which filters out requests for...

According to the Washington Post, the Department of Justice has essentially decided against trying to prosecute Julian Assange for publishing the Chelsea Manning documents: The officials stressed that a formal decision has not been made, and a grand jury investigating WikiLeaks remains impaneled, but they said there is little possibility of bringing a case against Assange, unless he is implicated in...

A few days ago, in response to reports of an imminent deal between P5+1 and Iran concerning Iran's uranium enrichment, Tyler Cullis and Ryan Goodman debated whether Iran has a "right" to develop nuclear power for civilian purposes. Tyler argued that Iran does, citing (inter alia) Art. IV of the Treaty on Non-Proliferation of Nuclear Weapons (NPT): Nothing in this Treaty...

A couple of weeks ago, Mother Jones blogger Kevin Drum said he was surprised that Syria has, by all accounts, voluntarily given up its chemical-weapons capability: I don't really have any comment about this, except to express a bit of puzzlement. As near as I can tell, Bashar al-Assad is really and truly sincere about destroying his chemical weapons stocks.1 But why?...

I am delighted to announce the publication of a new book that I co-edited with my colleague and dear friend Gerry Simpson, The Hidden Histories of War Crimes Trials. As the title indicates, the book contains a number of essays that discuss little-known trials (such as the Franco-Siamese Mixed Court)  or re-narrate better known but misunderstood trials (such as the...