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The International Criminal Court in The Hague, Netherlands
Blogs

The Palestinian Authority’s Lose-Lose-Lose Move On ICC

by Matthew Waxmanvia Lawfare
Monday, January 5, 2015

Just before the end of the year, the Palestinian Authority took steps to become party to the Rome Statute and thereby join the International Criminal Court (ICC). This is a lose-lose-lose move: it is bad for Israel, bad for the Palestinian Authority, and bad for the ICC.

Lawfare
Blogs

A New Year’s Message: Plans For 2015

by Benjamin Wittesvia Lawfare
Thursday, January 1, 2015

The year 2014 was a great one for Lawfare–with continued growth in readership, and development of new content streams. I honestly did not believe we would eclipse Lawfare‘s performance in 2013 this past year. But we did.

Blogs

The Consequences of Credible Doubt About the USG Attribution in the Sony Hack

by Jack Goldsmithvia Lawfare
Tuesday, December 30, 2014

A few weeks ago I wrote critically of the FBI’s statement that it had “enough information to conclude that the North Korean government is responsible” for the Sony hack:

Blogs

Thoughts on the SSCI Report, Part III: The Program’s Effectiveness

by Benjamin Wittesvia Lawfare
Sunday, December 28, 2014

Having started this series of posts by focusing on the aspect of the SSCI’s report on which the committee majority is strongest—the program’s brutality—I want to turn now to the aspects of the committee’s work on which, to my mind at least, its report is less persuasive.

Blogs

NSA Swag Made in Pakistan

by Benjamin Wittesvia Lawfare
Wednesday, December 24, 2014

Three years ago, Lawfare broke the important news that CIA branded gear at the CIA’s gift shop was being imported from, of all places, Pakistan.

Blogs

A Modest Defense of the Government’s Legal and Policy Confusion Re Sony

by Jack Goldsmithvia Lawfare
Tuesday, December 23, 2014

The attribution problem makes it very hard for the public to know if North Korea in fact attacked Sony, the precise damage Sony suffered, and the party responsible for the (apparent) counter-attack in North Korea. 

Blogs

Thoughts on the SSCI Report, Part II: The Program’s Brutality

by Benjamin Wittesvia Lawfare
Friday, December 19, 2014

I want to begin my review of the SSCI interrogation report and the responses from the CIA and the SSCI minority by addressing the area in which, in my view, the majority report is strongest: the allegation that the treatment of detainees was far more abusive, far less controlled, and far more brutal than the CIA has acknowledged.

Blogs

A Coffee Shop on the Israeli-Al Qaeda Border

by Benjamin Wittesvia Lawfare
Wednesday, December 17, 2014

The last time I was on the Israeli-Syrian border looking at the ruined Syrian city of Quneitra was thirty years ago. I was fifteen and taking a summer course in Israel. 

Blogs

The Heroism Of Effective Logistics: A Dispatch From Kerem Shalom

by Matthew Waxman, Benjamin Wittesvia Lawfare
Tuesday, December 16, 2014

We witnessed a moving scene today—if the loading and unloading of trucks amid looming concrete security barriers can ever really be moving: A major joint Palestinian-Israeli operation to route goods into the Gaza Strip.

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The Briefing

The Briefing provides perspectives on national security under the auspices of the rule of law and US constitutional law.

Lawfare Blog

The National Security and Law Task Force examines the rule of law, the laws of war, and American constitutional law with a view to making proposals that strike an optimal balance between individual freedom and the vigorous defense of the nation against terrorists both abroad and at home.

The task force’s focus is the rule of law and its role in Western civilization, as well as the roles of international law and organizations, the laws of war, and U.S. criminal law. Those goals will be accomplished by systematically studying the constellation of issues—social, economic, and political—on which striking a balance depends.

Peter Berkowitz serves as chair of the National Security and Law Task Force.