Volume Archive

The Orkney Slew and Central Bank Digital Currencies
by Gary B. Gorton and Jeffery Y. Zhang

It’s Not Just the Economics: Why U.S. Leadership on CBDCs Is a National Security Imperative
by Daleep Singh

The U.S. Dollar and Central Bank Digital Currencies
by Christopher J. Waller

A Meeting of Minds on Central Bank Digital Currencies for the United States: Commentaries from Participants in the Harvard National Security Journal’s October 14, 2022 Symposium on Digital Currencies and National Security
by Howell Jackson, Antionette Schoar, and Timothy Massad

An Apparent Trilemma for Cross-Border Central Bank Digital Currencies
by Giulia Fanti

Cryptocurrencies and National Security: The Case of Money Laundering and Terrorism Financing
by Shlomit Wagman

Symbiotic Security and Free Speech
by Michael J. Glennon

Back to Basics: The Benefits of Paradigmatic International Organizations
by Kristina Daugirdas and Katerina Linos

Strict Subordination: The Origins of Civil Control of Private Military Power in State Constitutions
by Alden A. Fletcher

How the Erosion of U.S. War Powers Constraints Has Undermined International Law Constraints on the Use of Force
by Oona A. Hathaway

CFIUS Preemption
by Kristen E. Eichensehr

Reverse Distinction: A U.S. Violation of the Law of Armed Conflict in Space
by David A. Koplow

Iron Dome and Jus Ad Bellum Proportionality
by Shelly Aviv Yeini

401–Forbidden: An Empirical Study of Foreign Intelligence Surveillance Act Notices, 1990–2020
by Sarah Beller

Dueling over Dual_EC_DRGB: The Consequences of Corrupting a Cryptographic Standardization Process
By Nadiya Kostyuk and Susan Landau

Withdrawal from Afghanistan Marks Guantánamo’s Endpoint
By David Glazier

The Lexicon of Terror: Crystallization of the Definition of “Terrorism” Through the Lens of Terrorist Financing & The Financial Action Task Force
By Juan Zarate and Sarah Watson

Is Esquire a Higher Clearance than Top Secret?: A Comparison of the Bar Admission and National Security Clearance Processes
By John Cook

Pro-Constitutional Engagement: Judicial Review, Legislative Avoidance and Institutional Interdependence in National Security
by Nino Guruli

No Oversight, No Limits, No Worries: A Primer on Presidential Spying and Executive Order 12,333
by Mark M. Jaycox

Gray Zone Tactics and the Principle of Non-Intervention: Can “One of the Vaguest Branches of International Law” Solve the Gray Zone Problem?
by Elizabeth K. Kiessling

Direct Participation in Hostilities in the Age of Cyber: Exploring the Fault Lines
by Brig. Gen. (ret.) David Wallace, Col. Shane Reeves, and Maj. Trent Powell

The Evolution and Jurisprudence of the Foreign Intelligence Surveillance Court and Foreign Intelligence Surveillance Court of Review
by Laura K. Donohue

Contemptuous Speech: Rethinking the Balance Between Good Order and Discipline and the Free Speech Rights of Retired Military Officers
by Pavan S. Krishnamurthy & Javier Perez

Before “National Security”: The Espionage Act of 1917 and the Concept of “National Defense”
by Daniel Larsen

Collective Cyber Countermeasures?
by Michael N. Schmitt and Sean Watts

Unnamed & Uncharged: Next Friend Standing and the Anonymous Detainee
by Scott Harman-Heath

Bilateral Defense-Related Treaties and the Dilemma Posed by the Law of Neutrality
by Jeremy K. Davis

A Comparative Study of Domestic Laws Constraining Private Sector Active Defense Measures in Cyberspace
by Brian Corcoran

The Syrian Detention Conundrum: International and Comparative Legal Complexities
by Dan E. Stigall

Law Wars: Experimental Data on the Impact of Legal Labels on Wartime Event Beliefs
by Shiri Krebs

A Postmortem for International Criminal Law? Terrorism, Law and Politics, and the Reaffirmation of State Sovereignty
by Vincent-Joël Proulx

First Amendment Sentence Mitigation: Beyond a Public Accountability Defense for Whistleblowers
by Mailyn Fidler

Defense and Deference: Empirically Assessing Judicial Review of Freedom of Information Act’s National Security Exemption
by Paulina Perlin

Examining the Anomalies, Explaining the Value: Should the USA FREEDOM Act’s Metadata Program be Extended?
bySusan Landau & Asaf Lubin

Defending Against the Military: The Posse Comitatus Act’s Exclusionary Rule
by Anthony J. Ghiotto

Unnamed & Uncharged: Next Friend Standing and the Anonymous Detainee
by Scott Harman-Heath

Bilateral Defense-Related Treaties and the Dilemma Posed by the Law of Neutrality
by Jeremy K. Davis

Yemen: Is the U.S. Breaking the Law?
by Oona Hathaway, Aaron Haviland, Srinath Reddy Kethireddy and Alyssa T. Yamamoto

The Return of Gunboat Diplomacy: How the West has Undermined the Ban on the Use of Force
by Patrick C. R. Terry

Uncertainty in the Law of Targeting: Towards a Cognitive Framework
by Michael N. Schmitt and Major Michael Schauss

War Powers far from a Hot Battlefield: Checks and Balances on Presidential War-Making through Individual and Unit Self-Defense
by E. L. Gaston

Fiduciary Duty, Honor, Country: Legislating a Theory of Agency into Strategic Civil-Military Relations
by Major Dan Maurer

Totemic Functionalism in Foreign Affairs Law
by Elad D. Gil

Getting Past the Imperial Presidency
by Deborah Pearlstein

The Mutual Assistance Clauses of the North Atlantic and EU Treaties: The Challenge of Hybrid Threats
by Aurel Sari

The Law Enforcement Paradigm under the Laws of Armed Conflict: Conceptualizing Yesh Din v. IDF Chief of Staff
by Shelly Aviv Yeini

What Judges Say and Do in Deciding National Security Cases: The Example of the State Secrets Privilege
by Judge Anthony John Trenga

Invisible Injuries: Concussive Effects and International Humanitarian Law
by Professor Michael N. Schmitt and Major Chad E. Highfill

When Terrorists Govern: Protecting Civilians in Conflicts with State-Building Armed Groups
by Mara R. Revkin

Doxfare: Politically Motivated Leaks and the Future of the Norm on Non-Intervention in the Era of Weaponized Information
by Ido Kilovaty

A State of Complicity: How Russia’s Persistent and Public Denial of Syrian Battlefield Atrocities Violates International Law
by Captain Robert Lawless

Managing National Security Risk in an Open Economy: Reforming the Committee on Foreign Investment in the United States 
by Jonathan Wakely & Andrew Indorf

Autonomous Weapon Systems and the Limits of Analogy
by Rebecca Crootof

The Duty to Disobey Illegal Nuclear Strike Orders
by Anthony J. Colangelo

Do NATO Obligations Trump European Budgetary Constraints?
by Federico Fabbrini

Access Control: Freedom of the Seas in the Arctic and the Russian Northern Sea Route Regime
by Sean Fahey

Off-Ramp Opportunities in Material Support Cases

by Kelly A. Berkell

Social Media Compliance Programs and the War Against Terrorism

by Susan Klein and Crystal Flinn

In Defense of the U.S. Maritime Drug Law Enforcement Act: A Justification for the Law’s Extraterritorial Reach

by Lieutenant Commander Aaron J. Casavant

Eve of Destruction: Implementing Arms Control Treaty Obligations to Dismantle Weaponry

by David A. Koplow

Peacetime Cyber Responses and and Wartime Cyber Operations under International Law: An Analytical Vade Mecum

by Michael N. Schmitt

Reconceptualizing Individual or Unit Self-Defense as a Combatant Privilege

by E. L. Gaston

Military Strategy: The Blind Spot of International Humanitarian Law

by Yishai Beer

At the Crossroads of Control: The Intersection of Artificial Intelligence in Autonomous Weapon Systems with International Humanitarian Law

by Alan L. Schuller

Putting Lethal Force on the Table: How Drones Change the Alternative Space of War and Counterterrorism

by Joshua Andresen

Intelligence Communities, Peer Constraints and the Law
by Ashley Deeks

Article 234 of the United Nations Convention on the Law of the Sea: the Overlooked Linchpin for Achieving Safety and Security in the U.S. Arctic?
by Stanley P. Fields

Clearing the Air Above the East China Sea: the Primary Elements of Aircraft Defense Identification Zones
by Roncevert Almond

Terrorism 2.0: the Rise of the Civilitary Battlefield
by Gil Avriel

Coming to Terms with Secret Law
by Dakota S. Rudesill

Detect, Disrupt, Deter: A Whole-of-Government Approach to National Security Cyber Threats
by John P. Carlin

U.S.-Hired Private Military and Security Companies in Armed Conflict: Indirect Participation and its Consequences
by Alice S. Debarre

The Irony of the Iron Dome: Intelligent Defense Systems, Law, and Security
by Daphné Richemond-Barak & Ayal Feinberg

Traditional Military Activities in Cyberspace: The Scope of Conventional Military Authorities in the Unconventional Battlespace
by Peter C. Combe II

Proportionality Decision Making in Targeting: Heuristics, Cognitive Biases, and the Law
by Luke A. Whittemore

Eavesdropping On Our Founding Fathers: How a Return to the Republic’s Core Democratic Values Can Help Us Resolve the Surveillance Crisis
by Jeffrey Brand

Federal Enforcement of Mass Involuntary Quarantines: Toward a Specialized Standing Rules for the Use of Force
by Jesse T. Greene

Intelligence Legalism and the National Security Agency’s Civil Liberties Gap
by Margo Schlanger

Babylon Revisited: Reestablishing a Corps of Cultural Property Specialists for the Protection of Cultural Property in Armed Conflict
by Ronald T.P. Alcala

Meaningful Review and Process Due: How Guantanamo Detention is Changing the Battlefield
by Adam Pearlman

Puzzles of Proportion and the “Reasonable Military Commander”: Reflections on the Law, Ethics, and Geopolitics of Proportionality
by Robert Sloane

Spillover: Evolving Threats and Converging Legal Authorities in the Fight Against Mexican Drug Cartels
by Christopher Curran

Am I My Brother’s Keeper? The Reality, Tragedy, and Future of Collective Security
by Mohamed Helal

Rethinking Warfare: The Ambiguity of Cyber Attacks
by Antonia Chayes

National Security and Double Government
by Michael J. Glennon

After the AUMF
by Jennifer Daskal and Stephen I. Vladeck

Policing Terrorists in the Community
by Sahar F. Aziz

Folk International Law: 9/11 Lawyering and the Transformation of the Law of Armed Conflict to Human Rights Policy and Human Rights Law to War Governance
by Naz K. Modirzadeh

Postwar
by Robert M. Chesney

Foreword
by Harvey Rishikof

The International Law of Unconventional Statecraft
by Michael N. Schmitt and Andru E. Wall

Jus Extra Bellum: Reconstructing the Ordinary, Realistic Conditions of Peace
by Michael Jefferson Adams

Controlling the Use of Power in the Shadows: Challenges in the Application of Jus in Bello to Clandestine and Unconventional Warfare Activities
by Todd C. Huntley and Andrew D. Levitz

Special Operations Forces and Responsibility for Surrogates’ War Crimes
by Gregory Raymond Bart

The Presidential Intervention Principle: The Domestic Use of the Military and the Power of the Several States
by Michael Bahar

Notes on a Terrorism Trial – Preventive Prosecution, “Material Support” and The Role of The Judge after United States v. Mehanna
by George D. Brown

Terrorism Prosecutions in U.S. Federal Court: Exceptions to Constitutional Evidence Rules and the Development of a Cabined Exception for Coerced Confessions
by Norman Abrams

Preventing Terrorist Attacks on Offshore Platforms: Do States Have Sufficient Legal Tools?
by Assaf Harel

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

Loving the Cyber Bomb? The Dangers of Threat Inflation in Cybersecurity Policy
by Jerry Brito & Tate Watkins

Demystifying the Title 10-Title 50 Debate: Distinguishing Military Operations, Intelligence Activities & Covert Action
by Andru E. Wall

Advantaging Aggressors: Justice & Deterrence in International Law
by Paul H. Robinson & Adil Ahmad Haque

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

Distributive Justice in National Security Law
by Daphne Barak-Erez

The Green Arms Race: Reorienting the Discussions on Climate Change, Energy Policy, and National Security
by Siddhartha M. Velandy

National Security Crime
by Erin Creegan

Pray Fire First Gentlemen of France: Has 21st Century Chivalry Been Subsumed by Humanitarian Law?
by Judge Evan J. Wallach

Freedom of Speech, Support for Terrorism, and the Challenge of Global Constitutional Law
by Daphne Barak-Erez and David Scharia

Investigating Violations of International Law in Armed Conflict
by Michael Schmitt

Preventive Detention in American Theory and Practice
by Adam Klein and Benjamin Wittes

The National Security Threat of Energy Dependence: A Call for a Nuclear Renaissance
by Arthur Rizer

Strategic Choices: Four Legal Models for Counterterrorism in Pakistan
by James J. Saulino

The CIA and Targeted Killings Beyond Borders
by Philip Alston

Mission Possible: How Intelligence Evidence Rules Can Save UN Terrorist Sanctions
by Vanessa Baehr-Jones

Beyond Guantanamo: Two Constitutional Objections to Nonmilitary Preventive Detention
by Eric Sandberg-Zakian

ESSAYS

Untangling Attribution
by David D. Clark and Susan Landau

Detention
by Philip B. Heymann

REVIEW ESSAY

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

SYMPOSIUM KEYNOTE ADDRESS

The Developing Legal Framework for Defensive and Offensive Cyber Operations
by Steven G. Bradbury

ARTICLES

Editors’ Preface
by Robert Williams and Anne Siders

Dialogue, Discourse, and Debate: Introducing the Harvard National Security Journal
by Martha Minow, Jan. 11, 2010

The Interpretive Guidance on the Notion of Direct Participation in Hostilities: A Critical Analysis
by Michael Schmitt, May 5, 2010

Teaching an Old Dog New Tricks: Operationalizing the Law of Armed Conflict in New Warfare
by Laurie Blank and Amos Guiora, May 13, 2010

FISA’s Significant Purpose Requirement and the Government’s Ability to Protect National Security
by Scott J. Glick, May 30, 2010

Law and Policy of Targeted Killing
by Gabriella Blum and Philip Heymann, June 27, 2010

All Human Rights Are Equal, But Some Are More Equal Than Others
by Chris Jenks and Eric Talbot Jensen, November 12, 2010

ESSAYS

Cybersecurity and National Policy
by Dan Geer, Apr. 7, 2010