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Philip Bobbitt: The West needs a new strategy to save Ukraine

by Philip Bobbittvia London Evening Standard
Friday, March 21, 2014

After Russia’s land grab in Crimea, we must use economic and democratic means to curb Vladimir Putin’s aims.


Snowden Disclosures and Norms of Cyber-Attacks

by Matthew Waxmanvia Lawfare
Thursday, March 20, 2014

Secrecy---of the sort that typically shrouds cyber-defense and cyber-attack capabilities and doctrine---complicates the development of international norms.  Secrecy makes it difficult to engage in sustained diplomacy about rules.  Officials can talk about


A Modest Proposal for NSA

by Benjamin Wittesvia Lawfare
Tuesday, March 18, 2014

I had an idea the other day---a way for NSA to serve the national interest, do good for humanity, and improve its public image all at once. Drum roll, please! NSA should get into the business of publishing trade secrets stolen from companies in countries t


The Precedential Value of the Kosovo Non-Precedent Precedent for Crimea

by Jack Goldsmithvia Lawfare
Monday, March 17, 2014

When the Obama administration invoked the 1999 Kosovo intervention as a precedent in the run-up to the planned Syria invasion, I wrote a post that argued that Kosovo was not a precedent for lawful international action.  The Kosovo intervention violated the


From the Department of Dubious Civil Liberties Accomplishments

by Benjamin Wittesvia Lawfare
Monday, March 17, 2014

Amidst the flap between the CIA and the SSCI last week, you may have missed the news about the back-and-forth between NSA and the FISA court over whether the agency may, must, or mustn't retain telephony metadata past the five year deadline for its destruc

Featured Commentary

Build the Infrastructure for Arab-Israeli Peace

by Peter Berkowitzvia Real Clear Politics
Monday, March 17, 2014

TEL AVIV – A perception has increasingly taken hold that the threat to Israel from conventional military operations has never been slighter.


The SSCI Fracas and the CIA’s Duty to Make Criminal Referrals to DOJ

by Jack Goldsmithvia Lawfare
Friday, March 14, 2014

Ken Dilanian has a story on Acting CIA General Counsel Robert Eatinger (whom Caroline Krass, just confirmed, will succeed.)  Eatinger is at the center of the fracas between CIA and SCCI because he sent a criminal referral to DOJ related to the SSCI’s staff

Other Media

Conflict Erupts in Public Rebuke on C.I.A. Inquiry

with Amy Zegartvia New York Times
Wednesday, March 12, 2014
Other Media

Obama Battles to Contain CIA-Senate Feud in Wake of Feinstein Accusations

with Amy Zegartvia Guardian (UK)
Wednesday, March 12, 2014

CIA chief rejects accusations from Dianne Feinstein that agency used intimidation to hide its role in the torture of terrorism suspects


New Guantanamo Recidivism Report from the DNI

by Benjamin Wittesvia Lawfare
Thursday, March 6, 2014

The DNI yesterday released it's latest Guantanamo reengagement report, which show a 29 percent rate of confirmed or suspected reengagement. That's essentially unchanged from the last such report in September. Here are the numbers:


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.