Indian court staff and policemen watch demonstrators shout slogans following the sentencing of four men convicted of rape and murder at the Saket courthouse in New Delhi on September 13, 2013. A judge sentenced four men to death September 13 for the fatal gang rape of an Indian student on a bus last December, triggering applause inside the packed courtroom. AFP PHOTO/MANAN VATSYAYANA        (Photo credit should read MANAN VATSYAYANA/AFP/Getty Images)

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.

Lancelot in the Sky: Protecting Wounded Combatants from Incidental Harm

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.

Volume 8, Issue 2

Volume 8, Issue 2

Volume 8, Issue 2 of the National Security Journal is now available.

The Aviation Insider Threat: An Assessment of Vulnerabilities and Countermeasures

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.

Volume 8, Issue 1

Volume 8, Issue 1

Volume 8, Issue 1 of the Harvard National Security Journal is now available.

Why Declarations of War Matter

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 […]

Features

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 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 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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on July 15, 2016 at 10:32 pm

Stingray Surveillance: Legal Rules by Statute or Subsumption?

by Christopher Izant “[I]t would be very unfortunate if privacy protection in the 21st century were left primarily to the federal courts using the blunt instrument of the Fourth Amendment. Legislatures, elected by the people, are in a better position than we are to assess and respond to the changes that have already occurred and those that almost certainly will […]

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on March 22, 2016 at 8:54 pm

Religious Freedom as a National Security Imperative: A New Paradigm

This Article proffers a hitherto understated mechanism for the establishment, maintenance and cogent analysis of national security: the establishment and maintenance of religious pluralism. To date, official positions and scholarship sparingly comment on this assertion. To address these gaps and to offer a fresh perspective on this subject, this Article undertakes a legal analysis to buttress the notion that U.S. national security interests can be best served by working towards the establishment of religious pluralism around the globe. Due to its strategic relevance for U.S. national security, the case of Pakistan – and the constitutional and legal apparatus that undergirds its view of religious minorities – serves as a blueprint for understanding this new national security paradigm (“NNSP”).
Photo courtesy of Wikimedia Commons

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on March 22, 2016 at 8:28 pm

U.S. v. Al Bahlul: Where It’s Been and Where It’s Going

On November 13, 2001 then-President George W. Bush issued a military order that would forever be remembered. His military order “called for the [S]ecretary of [D]efense to detain non-citizens accused of international terrorism.” Specially, the order applied to members of al Qaeda, and “all those who have engaged in, aided, or conspired to commit international terrorist acts against the United States or its citizens.” The Secretary of Defense “[was] charged with establishing military tribunals (also called military commissions) to conduct trials of non-citizens accused of terrorism either in the United States or in other parts of the world.” Then-President Bush’s military order created the United States (U.S.) Military Commissions that have been the center of continued national and international criticism.
Photo courtesy of Wikimedia Commons

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on December 17, 2015 at 8:05 am

So You’re Telling Me There’s A Chance: How the Articles on State Responsibility Could Empower Corporate Responses to State-Sponsored Cyber Attacks

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on December 4, 2015 at 8:38 am

Assistant Attorney General for National Security John P. Carlin Delivers Remarks on the National Security Cyber Threat at Harvard Law School

Assistant Attorney General for National Security John P. Carlin delivered remarks at Harvard Law School on Thursday, December 3rd at an event hosted by the Harvard National Security Journal.

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on November 16, 2015 at 12:18 am

John Bellinger Visits Harvard Law School

In wide-ranging remarks at Harvard Law School on Friday October 16 2015 John Bellinger, now a partner Arnold & Porter LLP, reflected on his 29-year legal career in both the public and the private sectors, discussed international law, and encouraged students to pursue careers in national security.

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on October 7, 2015 at 10:34 am

The Mediterranean Migrant Crisis: Key Considerations for the UN Security Council

The recent tragedies involving migrants in the Mediterranean have stoked urgent calls for UN action.

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