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Blogs

Bone-Crushing Zombie Action

by Benjamin Wittesvia Lawfare
Tuesday, September 2, 2014

Here at Lawfare, we try to spot critical legal issues impacting national security before they’re really upon us . . . and eating our brains. Too often, American policymakers have not taken emerging threats seriously, only to find themselves on the wrong side of finger-pointing national commissions after tragedy strikes.

Blogs

A New Tactic to Avoid War Powers Resolution Time Limits?

by Jack Goldsmithvia Lawfare
Tuesday, September 2, 2014

Yesterday President Obama sent a War Powers Resolution (WPR) letter to Congress concerning U.S. airstrikes “in support of an operation to deliver humanitarian assistance to civilians in the town of Amirli, Iraq.”  This is the third Iraq WPR letter to Congress in a month, and the sixth this summer. 

Blogs

The Case for a Broader ISIS AUMF

by Benjamin Wittesvia Lawfare
Thursday, August 28, 2014

Like all red-blooded national security law nerds, I have been following Jack’s excellent posts over the past week on the politics and the advisability of a potential ISIS AUMF—the last of which post, which ran yesterday, offered strategies for narrowing a potential authorization to make it more politically doable.

Barack Obama
Blogs

Why the President Should Seek Congressional Authorization for the Use of Force Against The Islamic State [UPDATE on War Powers Resolution]

by Jack Goldsmithvia Lawfare
Friday, August 22, 2014

A few days ago I discussed why President Obama is shying away from seeking congressional authorization to use force against The Islamic State (IS, or ISIS, or ISIL).  But as the aims and scope of U.S. military involvement against IS expand on a daily basis, the case for the President getting Congress formally on board continues to grow.  That case, as I see it, is as follows.

Blank Section (Placeholder)Featured Commentary

Chaos in Libya

by Matthew Waxmanvia Defining Ideas
Wednesday, August 20, 2014

That humanitarian intervention may be tragically counter-productive.

Blogs

Quick Thoughts on the (Domestic) Legal Basis for Air Strikes in Iraq

by Jack Goldsmithvia Lawfare
Thursday, August 7, 2014

As Wells notes, the Obama administration is contemplating air strikes in Iraq to protect threatened religious minorities there. Setting aside the moral and strategic merits of such strikes, how might they be consistent with domestic law?

African Pictorial Collection, Box 2, Hoover Institution Archives.
Featured Commentary

What Libya Says About Intervention

by Matthew Waxmanvia Global Public Square (CNN)
Tuesday, August 5, 2014

Last month, American diplomats and Marines were evacuated from Tripoli. The 2011 international coalition intervention in Libya was supposed to be a step forward for the Responsibility to Protect doctrine – the notion that if a state fails to protect its citizens from mass atrocities, it becomes the international community's responsibility to do so. Tragically, the current collapse of governance and bloody infighting among factional militias there will instead result in a step backwards for this important principle.

CIA Headquarters
Blogs

On the CIA Inspector General’s Findings

by Benjamin Wittesvia Lawfare
Friday, August 1, 2014

I have largely refrained, until now, from wading into the dispute between the Senate Intelligence Committee and the CIA over the mutual hacking allegations, on the theory that the facts were all contested and I couldn’t make heads or tails of what had really happened.

Blogs

Why Indictments Won’t Stop China’s Cybersnooping

by Jack Goldsmithvia Lawfare
Tuesday, July 29, 2014

The Chinese government and its proxies have recently ratcheted up harassment of U.S. IT firms doing business in China.  In the last week, China has deployed its antitrust laws against Qualcomm and Microsoft.  This comes on the heels of recent attacks in China on Apple and Cisco and IBM.  China has also increased its harassment of non-IT U.S. firms.

Gavel

Shooting in the Air

by Ruth Wedgwoodvia American Interest
Wednesday, July 23, 2014

Russia’s operatives could be taken to the International Criminal Court for their role in the downing of flight MH17 over Ukraine. Even ICC skeptics in America ought to be open to this approach.
 

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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

Privacy, Security, and the National Security Agency (NSA)

Hoover hosts Intelligence Challenges Workshop

Tuesday, May 27, 2014

Hoover senior fellow Amy Zegart and National Security Affairs Fellow Lieutenant Colonel Matthew Atkins hosted thirty five experts from government, the military, academia, and the private sector for a day-long workshop examining key current and emerging intelligence challenges. 

Event
The Briefing: Second Term Challenges - header

Second Term Challenges

Thursday, January 24, 2013

As Barack Obama begins his second term as president of the United States, the nation faces a range of formidable challenges at the intersection of which are national security and law.

News
Jeremy Rabkin (left) and Ariel Rabkin

New essay concerning cyber threats from the National Security and Law Task Force

Monday, May 21, 2012

The newest essay, “To Confront Cyber Threats, We Must Rethink the Law of Armed Conflict,” by Jeremy and Ariel Rabkin, is available on the Emerging Threats essay series page.

News
Living with the UN: American Responsibilities and International Order

International Law Expert Defines Ideal United States-United Nations Relationship Living with the UN: American Responsibilities and International Order

Wednesday, April 11, 2012
Stanford

Hoover Institution Press today released Living with the UN: American Responsibilities and International Order by Ken Anderson. In this book, Anderson examines the relationship between the United States and the United Nations and analyzes their interaction on issues including security, human rights, and development.

Press Releases
Israel and the Struggle over the International Laws of War

Politics and Law Scholar Peter Berkowitz Examines the Politicization of the Laws of War in Israel and the Struggle over the International Laws of War (Hoover Institution Press)

Monday, April 9, 2012
Stanford

Hoover Institution Press released Israel and the Struggle over the International Laws of War by Hoover senior fellow Peter Berkowitz. Berkowitz defends the international laws of war by exposing the flawed assumptions and defective claims that have gained currency from The Goldstone Report (2009 Report of the United Nations Fact Finding Mission) and the Gaza Flotilla controversy. In both instances, Berkowitz argues, accusations of unlawful conduct directed at Israel by official bodies of the United Nations, European states, Arab states, and Turkey that relied more on bluster and the determination to gain political advantage than on sound legal analysis. In both cases those accusations worked to criminalize not only Israel’s legitimate right of self-defense but all liberal democracies’ right to defend themselves against transnational terror.

Press Releases
National Security and Law Task Force meeting, January 2012.

Hoover Institution hosts National Security and Law Task Force meeting

Thursday, January 5, 2012

The Koret-Taube Task Force on National Security and Law met at the Hoover Institution on Thursday, January 5, 2012, to discuss the pressing challenges the United States confronts as it seeks, consistent with the Constitution and the international laws of war, to defend the nation and, where necessary, wage war.

News
Eyes on Spies: Congress and the United States Intelligence Community

Hoover Institution Press Releases Book Highlighting Why America's Post-9/11 Intelligence System Remains Dysfunctional

Tuesday, August 30, 2011
Stanford

Hoover Institution Press today released Eyes on Spies: Congress and the United States Intelligence Community by Hoover senior fellow Amy Zegart. Zegart's commentary is especially poignant in light of tenth anniversary of 9/11. As the nation evaluates whether we are safer today than we were ten years ago, Zegart examines surprising reasons for weaknesses in the US intelligence community and sheds light on why deficiencies continue to persist.

Press Releases
The Hoover Institution’s Koret-Taube Task Force on National Security and Law met June 10 and 11.

Hoover's National Security and Law Task Force Hosts Meeting

Wednesday, June 9, 2010

The Hoover Institution’s Koret-Taube Task Force on National Security and Law, which examines the rule of law, the laws of war, and American constitutional law with a view to promoting proposals that strike an optimal balance between individual freedom and the vigorous defense of the nation against terrorists both abroad and at home, met June 10 and 11.

News
Stewart A. Baker

Stewart Baker, former Homeland Security official, addressed Hoover’s Koret-Taube Task Force on National Security and Law

Thursday, January 7, 2010

On January 7, 2010, Stewart Baker, former assistant secretary of Homeland Security, explained how exponential advances in technology improve the quality of life while at the same time provide terrorists unprecedented powers to wreak death and destruction.

News
Ruth Wedgewood

Task Force on National Security and Law Dinner

Thursday, June 11, 2009
Hoover

The Hoover Institution’s Koret-Taube Task Force on National Security and Law dinner was held in the Nicolas de Basily Room of the Hoover Tower on June 11. Task force member Ruth Wedgewood delivered before-dinner remarks titled “Piracy and the Law Adrift.”

Event

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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.