National Security Law

I am teaching IHL in Jericho this week, so I don't have as much time as I'd like to weigh in on the increasingly surreal debate over whether the right of self-defense in Article 51 of the UN Charter permits the U.S. or Israel to attack a country that does not have nuclear weapons, could not build a nuclear weapon...

David French and Jay Sekulow respond to Bruce Ackerman's legal argument about the use of force against Iran with a factual claim: Iran has already attacked the U.S. There has, in fact, been an “armed attack” against the United States. Iran has been waging a low-intensity war against America and Israel — both directly and by proxy — for more than...

I expect the legal issues arising out of a possible attack on Iran's nuclear facilities are going to get hotter in the coming weeks. Peter Berkowitz of the Hoover Institution offers this argument in favor of the legality of Israel's attack drawing from the doctrine of "preemptive" self defense (h/t Jack Goldsmith at Lawfare). The charter of the United Nations affirms...

Readers interested in watching Ben Wittes desperately try to spin British condemnation of the U.S. approach to the war on terror need only check out his post today on Rahmatullah.  As I discussed a couple of months ago, the British Court of Appeals held that Rahmatullah was entitled to be released from U.S. custody because the U.S. had rendered him...

Various right-wing commentators, Mitt Romney, and dozens of congressmen have demanded that the President of Iran, Mahmoud Ahmadinejad, be prosecuted for genocide for advocating (in one debatable translation) the destruction of Israel.  I wonder if they will be quite so passionate about demanding a similar fate for Tucker Carlson, who earlier today openly advocated the destruction of Iran by the...

My previous post mentioned battlefield robot analogs of dogs, cheetahs, pack animals, even humans. Now behold the synchronized nanobot swarm!  Here's what national security analyst John Robb had to say about the tactical benefits of a battlefield drone swarm: •It cuts the enemy target off from supply and communications. •It adversely impacts the morale of the target. •It makes a coordinated defense extremely difficult (resource allocation is...

Three quick updates from the "robots and warfare" side of things (largely culled from recent Danger Room posts that caught my eye and I wanted to point out to Opinio Juris readers). I have previously posted about Big Dog, the four-legged beast of burden being developed for use by the U.S. military.  DARPA (the Defense Advanced Research Projects Agency) is now...

Wired's Danger Room has a new piece about law enforcement reform and efforts to stabilize Afghanistan. In particular, it focuses on the work of U.S. and Romanian Special Operations Forces in training Afghan law enforcement. Behind the scenes across the embattled country, a special breed of U.S. soldier is working closely with a new style of Afghan police to enforce law and order in...

That's the conclusion drawn in this blockbuster report -- which, precisely because it is a blockbuster that makes Israel and the MEK's vast number of Democratic and Republican supporters in the U.S. look bad, has been basically ignored in the "liberal" media: Deadly attacks on Iranian nuclear scientists are being carried out by an Iranian dissident group that is financed,...

Harold Koh’s keynote address today at the University of Virginia conference did a nice job surveying the legal landscape from the Legal Adviser’s perspective. He divided the conflicts into four categories: non-conflicts, soft conflicts, hard conflicts, and hardest conflicts. He then outlined specific examples in his daily docket that fall into each category. Details on the...