Photo: Reuters

Yemen: Is the U.S. Breaking the Law?

Oona Hathaway, Aaron Haviland, Srinath Reddy Kethireddy and Alyssa T. Yamamoto argue that continued logistical support by the U.S. of the Saudi-led coalition’s intervention in Yemen’s civil war may violate several international and domestic laws.

A Quantum Leap in International Law on Cyberwarfare: An Analysis of International Cooperation with Quantum Computing on the Horizon

A Quantum Leap in International Law on Cyberwarfare: An Analysis of International Cooperation with Quantum Computing on the Horizon

In our latest Student Article, Dominic Rota, Belmont University College of Law ’18, discusses the implications of the advent of quantum computing on the international legal regulation of cyberwarfare.

Not Your Grandfather’s Zone of Twilight: Civil Military Relationships in Debatably Legal Precision Strikes

Not Your Grandfather’s Zone of Twilight: Civil Military Relationships in Debatably Legal Precision Strikes

by Major Dan Maurer—Limited strikes of debatable legality, such as the Trump Administration’s strike against Syrian chemical weapons facilities last spring, are likely to continue happening. Major Dan Maurer of the U.S. Army outlines 13 generic questions to guide senior military officers as they discuss planning these missions with civilian decision-makers.

5G, Standard-Setting, and National Security

5G, Standard-Setting, and National Security

by Eli Greenbaum—The Trump Administration recently blocked Broadcom’s proposed acquisition of Qualcomm, citing concerns about Chinese involvement in the process of establishing a technical standard for 5G networks. Eli Greenbaum of Yigal Arnon & Co. argues that these concerns defy longstanding U.S. positions and are unfounded.

FORT GORDON NELSON HALL, Augusta, Georgia, June 10, 2014 – The U.S. Army’s ‘Cyber Center of Excellence’, Fort Gordon in Augusta, Georgia, hosted a multi-service ‘NetWar’ to show, and build, cyber Warrior capabilities Tuesday, June 10.  Twenty-eight Soldiers, Airmen, Navy and Marine Corps computer professionals comprised four teams representing the U.S. Army’s active, reserve and National Guard with one Joint-services team that included a U.S. Special Operations Command civilian.  The scenarios tasked teams to reach three kinetic objectives given notional operation orders and varying levels of difficulty.  Manipulating in miniaturized city structures the mimicry encouraged communication and knowledge sharing.  “It reinforces the idea of a truly blended battlefield,” Army Chief Warrant Officer 3 Sam Blaney, an information and technology manager for the Georgia National Guard’s joint force headquarters in Marietta, Georgia.  “It challenges us while testing our mettle to overcome in a crunch.”  Team Bravo, the multi-state U.S. Army National Guard team, completed the first mission through innovation and teamwork.  “They were the first to write their own script (computer specific algorithm code) and use SQLMAP (an open source database takeover tool) to clear their objective,” Tim Medin, SANS Institute CyberCity co-creator and exercise facilitator, said. (Georgia Army National Guard photo by Staff Sgt. Tracy J. Smith)

Overseeing or Interfering? A Functional Alternative to Congressional Oversight in Intelligence and Operations

by Major Sean B. Zehtab—How should we design oversight of cyber-operations and intelligence gathering as such operations will increasingly take place at the tactical level? Major Sean B. Zehtab of the U.S. Army argues that we should look to the Command Operations Review Board of the U.S. Special Operations Command for guidance.

Features

on May 18, 2018 at 11:43 am

Water Scarcity: The Most Understated Global Security Risk

By Major David J. Stuckenberg and Dr. Anthony L. Contento — This Article examines the global state of freshwater scarcity and the often-neglected linkages of water scarcity to economic, social, political, legal, and security consequences arising from disruptions, failures, or attacks on water access and distribution systems. Poorly understood links between access to adequate water and national stability pose severe global security risks.

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on January 11, 2018 at 11:42 am

The Ebola Fighters: Uncharted Territory, or a Repeat of Past Shortcomings?

By Maj. Richard Hossfeld; Brooke Hossfeld; Maj. David Dixon — Instead of waiting passively for effective WHO reform, the United States Government—which currently provides more funding to the WHO than any other member—should act as the authority to influence disease response coordination and declare epidemic and/or pandemic outbreak on behalf of the world.

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on January 8, 2018 at 10:57 am

Drones as Crime-Fighting Tools in 2020: Legal and Normative Considerations

It’s 2020 and Boston has become a haven for homicide. Believing that an uptick in drug trafficking is responsible for the uptick in homicides—and left behind by its inability to break into the traffickers’ encrypted devices and communications—the Boston Police Department has a potential solution to its unsolved homicide problem: drones.

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on November 7, 2017 at 9:02 am

Aloke Chakravarty at Harvard Law School

On November 2, 2017, Assistant U.S. Attorney Aloke Chakravarty visited Harvard Law School to reflect on his experience as he comes to the end of his service in the Department of Justice (“DOJ”). He also discussed how the field of national security prosecution has evolved since the September 11 terrorist attacks.

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on September 14, 2017 at 12:50 pm

India’s Distressed Justice Sector: A Matter of U.S. National Security Concern

By Dan E. Stigall — This Article highlights the degree to which institutional frailty in the Indian justice sector poses a national security risk to the United States, and illuminates policy choices that can serve to mitigate this potential threat to U.S. persons and national interests. In particular, this Article demonstrates that a revitalized Indian justice sector would help create a bulwark against regional instability and the pernicious threat posed by global jihadist groups currently seeking a foothold in South Asia.

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on August 8, 2017 at 11:44 am

Lancelot in the Sky: Protecting Wounded Combatants from Incidental Harm

By Major R. Scott Adams. This Article will show that LOAC does not transform combatants into noncombatants under the hors de combat concept. It will then show that current U.S. policy is overly restrictive by erroneously granting noncombatant status to persons hors de combat.

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on April 24, 2017 at 2:46 pm

The Aviation Insider Threat: An Assessment of Vulnerabilities and Countermeasures

Threats against aviation change constantly; countermeasures developed to combat emergent threats will become obsolete as new threats appear. Therefore, it is imperative for security practitioners to stay ahead of their enemies by identifying potential threats. This Article discusses ways in which current procedures fall short and should be reassessed.

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on February 1, 2017 at 3:49 pm

Quis custodiet ipsos custodies?: Who Watches the Watchlisters?

This article summarizes the nature and purpose of the government’s terrorist watchlists, discusses the rules followed by agency screeners, explores the civil liberties implications of watchlisting, and identifies the need for oversight of the process.

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on August 30, 2016 at 8:19 pm

Why Declarations of War Matter

By Maj. Gen. Charles J. Dunlap, Jr., USAF (Ret.)* The Washington Post recently ran a story entitled “Would declaring ‘war’ on ISIS make victory more certain—or would it even matter?”[1] Among other things, it stated that today, “[m]ost legal scholars find a war declaration irrelevant.” Maybe so, but I’m not one of them. One scholar was quoted as saying that […]

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on July 15, 2016 at 11:09 pm

Partially Unwinding Sanctions: The Problematic Construct of Sanctions Relief in the JCPOA

By Sahand Moarefy By partially unwinding the sanctions regime against Iran, the United States has sought to achieve two goals: provide Iran some meaningful level of economic relief such that it carries through with its commitment to scale back its nuclear program, while preserving the U.S.’s architecture of sanctions that target Iran for non-nuclear reasons. Barring any additional actions by […]

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