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, […]
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. […]
LT Elan R. Ghazal and Manik V. Suri explore the growing civilian integration in the U.S. armed forces
As three Uighurs remain in Guantanamo, Daniel J. Feith finds that the D.C. Circuit ruling that kept them there is surprisingly consistent with Boumediene.
In June 2006, a plurality of the Supreme Court in Hamdan v. Rumsfeld determined that the Government failed to make a colorable case for the inclusion of conspiracy among those offenses cognizable by law-of-war military commission. The plurality’s reasoning was largely based on its survey of domestic law sources and precedents. That survey, however, was inaccurate and incomplete.
On April 6, the National Security Journal hosted its 2012 symposium: The Law and Policy of Covert Operations: Current & Future Challenges. Dana Priest of the Washington Post gave the keynote address at the symposium. A video of her keynote address is available here.