In the Journal

on November 2, 2012 at 1:31 pm

National Security Crime

Erin Creegan

3 Harv. Nat’l Sec. J. 373 (2012)

Although national security threats are often treated independently, Erin Creegan draws connections among four categories of crimes — treason, espionage, sabotage, and terrorism — to address what the Government can do to detect, prevent, prosecute and punish national security crimes.

Picture courtesy of U.S. Immigration and Customs Enforcement

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on November 2, 2012 at 1:24 pm

The Green Arms Race: Reorienting the Discussions on Climate Change, Energy Policy, and National Security

By Siddhartha M. Velandy* — Click here to read the full text of the Article In the midst of a shifting international order, the U.S. Department of Defense stands uniquely positioned to intensify global innovation in the energy arena. This Article describes the mechanics by which DoD can ignite a mutually-beneficial green energy “arms race.” In this role, the military […]

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on November 2, 2012 at 1:22 pm

Distributive Justice in National Security Law

By Daphne Barak-Erez* — Click here to read the full text of the Article When collecting information about possible terrorist attacks, national security agencies may have to choose between competing systems of implementation, all infringing individual rights. Should they collect information by indiscriminately wiretapping communications in the population at large or by implementing harsher means, such as investigations under arrest, […]

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on November 2, 2012 at 1:19 pm

History, Hamdan, and Happenstance: “Conspiracy by Two or More to Violate the Laws of War by Destroying Life or Property in Aid of the Enemy”

By Haridimos V. Thravalos* — Click here to view the full text of the article. The U.S. Court of Appeals for the District of Columbia Circuit will soon confront the question of whether, under the Military Commissions Act of 2009, conspiracy to violate the law of war is an offense triable by law-of-war military commission. In June 2006, a plurality […]

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on January 9, 2012 at 3:10 pm

The CIA and Targeted Killings Beyond Borders

Philip Alston, former UN Special Rapporteur on extrajudicial, summary, or arbitrary executions, has written a fascinating article on targeted killings. The full text of the article is available here.

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on January 7, 2012 at 3:30 pm

Volume 3, Issue 1

Volume 3, Issue 1 of the Harvard National Security Journal is now available online. The articles will be available on Westlaw and HeinOnline shortly.  

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on December 2, 2011 at 1:14 pm

Advantaging Aggressors: Justice & Deterrence in International Law

By Paul H. Robinson* & Adil Ahmad Haque** — Click here to read the full text of the Article Current international law imposes limitations on the use of force to defend against unlawful aggression that improperly advantage unlawful aggressors and disadvantage their victims. The Article gives examples of such rules, governing a variety of situations, showing how clearly unjust they […]

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on December 2, 2011 at 1:12 pm

Demystifying the Title 10-Title 50 Debate: Distinguishing Military Operations, Intelligence Activities & Covert Action

By Andru E. Wall* — Click here to read the full text of the Article Modern warfare requires close integration of military and intelligence forces. The Secretary of Defense possesses authorities under Title 10 and Title 50 and is best suited to lead US government operations against external unconventional and cyber threats. Titles 10 and 50 create mutually supporting, not […]

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on December 2, 2011 at 1:09 pm

Loving the Cyber Bomb? The Dangers of Threat Inflation in Cybersecurity Policy

By Jerry Brito* & Tate Watkins** — Click here to read the full text of the Article There has been no shortage of attention devoted to cybersecurity, with a wide range of experts warning of potential doomsday scenarios should the government not act to better secure the Internet. But this is not the first time we have been warned of […]

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on December 2, 2011 at 1:05 pm

Can It Really Work? Problems with Extending EINSTEIN 3 to Critical Infrastructure

By Steven M. Bellovin*, Scott O. Bradner**, Whitfield Diffie***, Susan Landau****, and Jennifer Rexford***** — Click here to read the full text of the Article In an effort to protect its computer systems from malevolent actors, the U.S. government has developed a series of intrusion-detection and intrusion- prevention systems aimed at monitoring and screening traffic between the internet and government […]

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