In the Journal

on January 3, 2011 at 7:36 pm

Investigating Violations of International Law in Armed Conflict

By Michael Schmitt – Click here to read the full text of the Article This article discusses how states attempt to fulfill their obligations under international humanitarian law (IHL) and international human rights law to respond to alleged violations of international law by their militaries during armed conflict. Part I lays out requirements under IHL to investigate and prosecute war […]

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on January 2, 2011 at 10:07 am

Freedom of Speech, Support for Terrorism, and the Challenge of Global Constitutional Law

By Daphne Barak-Erez and David Scharia – Click here to view the full text of the Article In the recent case of Holder v. Humanitarian Law Project, the Supreme Court of the United States ruled that a criminal prohibition on advocacy carried out in coordination with, or at the direction of, a foreign terrorist organization is constitutionally permissible: it is not tantamount […]

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on November 12, 2010 at 6:26 pm

All Human Rights Are Equal, But Some Are More Equal Than Others

The Extraordinary Rendition Of A Terror Suspect In Italy, the NATO SOFA, and Human Rights By Chris Jenks* and Eric Talbot Jensen** – Click here to download the published PDF version I.  Introduction On February 12, 2003, at around 12:30 p.m., Mr. Osama Mustafa Nasr (Abu Omar) was walking from his house in Milan to the local mosque.  He was […]

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on June 27, 2010 at 11:46 am

Law and Policy of Targeted Killing

Imagine that the U.S. intelligence services obtain reliable information that a known individual is plotting a terrorist attack against the United States. The individual is outside the United States, in a country where law and order are weak and unreliable.

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on May 30, 2010 at 12:11 pm

FISA’s Significant Purpose Requirement and the Government’s Ability to Protect National Security

By Scott J. Glick* – Click here for the published PDF version In 2006, Congress enacted two potentially significant restrictions on the government’s ability to collect foreign intelligence information pursuant to FISA.  Against the backdrop of a Foreign Intelligence Surveillance Court of Review (Court of Review) decision that arguably reached an erroneous conclusion about the meaning and scope of FISA’s […]

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on May 5, 2010 at 8:57 pm

The Interpretive Guidance on the Notion of Direct Participation in Hostilities: A Critical Analysis

By Michael Schmitt – Click here to download the published PDF version I.  Introduction In 2003, the International Committee of the Red Cross (ICRC), in cooperation with the T.M.C. Asser Institute, launched a major research effort to explore the concept of “direct participation by civilians in hostilities” (DPH Project).[1] The goal was to provide greater clarity regarding the international humanitarian […]

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on January 11, 2010 at 12:17 pm

Dialogue, Discourse, and Debate: Introducing the Harvard National Security Journal

September 11, 2001, stands as a critical pivot point in our nation’s history, one that put the threat of terrorism in the national spotlight and demanded immediate expertise in national security.

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on January 9, 2010 at 7:09 pm

Volume 1 Editors’ Preface

Robert Williams and Anne Siders Click here to read the full Editors’ Preface “National security” has become a powerful watchword for politicians, lawyers, policy makers, and academics alike.  Invocation of the “national security” label typically aims to signal that the issue under discussion is of the highest priority for public policy.  And yet, when we, as students of national security […]

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