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International Court of Justice Bans Australian Spying on East Timor and its Lawyers

by Benjamin Wittesvia Lawfare
Tuesday, March 4, 2014

Speaking of Australian spying on its regional neighbors and its lawyers, which we were the other day, the International Court of Justice has handed down a decision in a dispute between Australia and East Timor. Here's the Brisbane Times on the decision, wh


Lederman on Secrecy, Nonacknowledgement, and Yemen

by Jack Goldsmithvia Lawfare
Wednesday, February 26, 2014

Marty Lederman has a long post picking apart the errors in last week’s AP story on last December’s drone strike in Yemen.  Along the way he carefully parses the covert action statute, and has interesting things to say about the relationship between secrecy


What is the Domestic Legal Basis for Planned Cyberattacks in Syria?

by Jack Goldsmithvia Lawfare
Tuesday, February 25, 2014

David Sanger reports that the Pentagon and the NSA planned a sophisticated cyberattack aimed at “the Syrian military and President Bashar al-Assad’s command structure” that “would essentially turn the lights out for Assad.” He also reports that President O

Beijing, China

The Foreign Policy Essay: Domestic Politics and Foreign Policy—Better Than It Looks

by Stephen D. Krasnervia Lawfare
Monday, February 24, 2014

Editor’s Note: As the United States confronts a range of challenges in the coming decades, pundits and policymakers alike fret that partisan polarization, growing isolationism among the American people, and political institutions that are not up to the tas

Barack Obama
Featured Commentary

The Shortsighted Presidency (Registration Required)

by Amy Zegartvia
Wednesday, February 19, 2014

America's foreign policy is now trending on Twitter.


The ISIS Expulsion and the AUMF

by Jack Goldsmithvia Lawfare
Tuesday, February 11, 2014

Karen DeYoung and Greg Miller report in the WP that Al-Qaeda’s recent expulsion of the Islamic State of Iraq and Syria (ISIS) has raised questions about whether the AUMF “still applies” to ISIS.  “According to some administration lawyers and intelligence o


Ken Anderson on the John Batchelor Show (19:50)

with Kenneth Andersonvia John Batchelor Show
Tuesday, February 11, 2014

 Alex Wayne, Bloomberg. Robert Zimmerman, behindtheblack. Kenneth Anderson, Hoover. Peter Berkowitz, Hoover & WSJ. 

Featured Commentary

Sundays with Stendhal (3)

by Kenneth Andersonvia The Volokh Conspiracy (Washington Post)
Monday, February 10, 2014

By 1830, would England be willing to pay for a war against another Napoleon?


U.S. Citizen Possibly Targeted for Drone Attack

by Jack Goldsmithvia Lawfare
Monday, February 10, 2014

Kimberly Dozier AP reports this morning that "[a]n American citizen who is a member of al-Qaida is actively planning attacks against Americans overseas, . . . and the Obama administration is wrestling with whether to kill him with a drone strike and how to


Bipartisan Group of Senators Push for Congressional Vote Before Extending Afghanistan Troop Presence

by Jack Goldsmithvia Lawfare
Friday, February 7, 2014

That is the title of this press release by Senator Jeff Merkley, announcing a resolution “calling for Congress to have a role in approving any further United States military involvement in Afghanistan after the current mission ends on December 31, 2014.” 


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.