In the Journal

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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on June 2, 2011 at 12:59 pm

Post-Human Humanitarian Law: The Law of War in the Age of Robotic Weapons

By Vik Kanwar* — Click here to read the full text of the Review Essay Vik Kanwar reviews: P.W. Singer, Wired for War: The Robotics Revolution and Conflict in the 21st Century (Penguin Press 2009), Ronald Arkin, Governing Lethal Behavior in Autonomous Robots (Chapman & Hall 2009), William H. Boothby, Weapons and the Law of Armed Conflict (Oxford University Press […]

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on June 2, 2011 at 12:57 pm

Detention

By Phillip B. Heymann* — Click here to read the full text of the Essay In response to various scholarly commentaries, Professor Philip Heymann argues that applying the law of war outside of the “normal state-against-state context,” in order to justify military detention, involves an “increased risk of mistakes, unfairness, and resentment by our allies,” as “in the context of […]

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on June 2, 2011 at 12:53 pm

Untangling Attribution

By David D. Clark* and Susan Landau** — Click here to read the full text of the Essay As a result of increasing Internet insecurity — DDoS attacks, spam, cybercrime, and data theft — there have been calls for an Internet architecture that would link people to packets (the fundamental communications unit used in the Internet). The notion is that […]

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