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Category Archives: Readings

Readings: Daniel Byman and Jeremy Shapiro Warn Against Hyping the Threat of Returning Jihadists

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Wednesday, October 1, 2014 at 9:28 PM

My Brookings colleagues Daniel Byman (who is, among other things, Lawfare‘s Foreign Policy Editor) and Jeremy Shapiro (who is, among other things, a demon with a barbecue and a slab of meat), have a new piece out in Foreign Affairs entitled, “Homeward Bound? Don’t Hype the Threat of Returning Jihadists.” It’s a counter-intuitive take on the threat posed by . . .
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Readings: Geoff Corn on Precautionary Measures in the Law of Armed Conflict

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Monday, September 29, 2014 at 4:30 PM

(Author’s note: Apologies to Geoff and everyone else – I somehow managed to delete the last couple of paragraphs of this post when it went up.  I’ll recover them–including the part of the post that actually introduces Geoff’s paper!–and get it back up Tuesday. I’m sure everyone felt a trifle let down to have the . . .
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Readings: Marc Sageman on Stagnation in Terrorism Research

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Sunday, September 28, 2014 at 10:17 PM

Marc Sageman probably needs no introduction to most Lawfare readers. Author of two of the past decade’s most influential books on the conceptualization of transnational terrorists and terrorist groups, Understanding Terrorist Networks (2004) and Leaderless Jihad: Terror Networks in the Twenty-First Century (2008), he has been a leading participant–both inside and outside of government–in efforts . . .
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Readings: An International Legal Framework for Surveillance, a New Article by Ashley Deeks

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Friday, September 26, 2014 at 7:44 AM

Lawfare’s own Ashley Deeks (University of Virginia School of Law) has released a new article, “An International Legal Framework for Surveillance,” available on SSRN and forthcoming in the Virginia Journal of International Law (Vol. 55, 2015).  The article unsurprisingly has been receiving considerable attention since its release on SSRN, and I wanted to be sure . . .
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Readings: Adapting the Law of Armed Conflict to Autonomous Weapon Systems

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Wednesday, September 17, 2014 at 12:08 AM

We are pleased to share our recently published article on law and autonomous weapons, on which we teamed up with our good friend Daniel Reisner (formerly head of the Israel Defense Forces International Law Department). The article, “Adapting the Law of Armed Conflict to Autonomous Weapon Systems,” appears as 90 International Law Studies 386 (2014), . . .
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Readings: Geoffrey Corn on Autonomous Weapons

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Sunday, August 3, 2014 at 2:00 PM

I’m pleased to note that Lawfare’s good friend Geoff Corn has entered into the public discussion of autonomous weapon systems (AWS) with a new paper posted to SSRN, “Autonomous Weapon Systems: Legal Consequences of ‘Taking the Man Out of the Loop’.”  The paper is a relatively rough working draft, but it raises a number of . . .
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Readings: Laurie Blank on Proportionality in Jus in Bello in Israel-Hamas Conflict, a Primer

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Friday, August 1, 2014 at 2:03 PM

Laurie Blank (Emory University Law School professor, director of its law of armed conflict clinic and, of course, well known to many Lawfare readers as a prominent scholar of LOAC) has an opinion column up at TheHill.com–a primer on the meaning of proportionality in the conduct of hostilities in the law of armed conflict, what it . . .
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Readings: Civilian Intelligence Agencies and the Use of Armed Drones by Ian Henderson

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Friday, June 27, 2014 at 3:00 PM

Footnote 44 of the recently released and much-discussed OLC Awlaki memorandum is heavily redacted, but what’s left reads, in part: Nor would the fact that CIA personnel would be involved in the operation itself cause the operation to violate the laws of war. It is true that CIA personnel, by virtue of their not being part of . . .
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Readings: Through Our Glass Darkly: From ‘Universal’ to ‘Extraterritorial’?

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Monday, June 23, 2014 at 8:00 PM

Apologies for Shameless Self-Promotion, but I wanted to mention an essay of mine that came out a couple of months ago as part of an excellent symposium on the work of Harvard Law School’s comparative law scholar, my old and dear friend Mary Ann Glendon. (Duquesne Law Review, Vol. 52, Winter 2014, pp. 115-149, “Through Our . . .
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Readings: “Jus Extra Bellum: Reconstructing the Ordinary, Realistic Conditions of Peace,” by Michael Jefferson Adams

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Monday, June 16, 2014 at 7:44 AM

We’ve talked a lot on this blog about what legal regime should prevail against remaining terrorist threats if and when the armed conflict with the Taliban and/or al Qaeda ends.  Commander Michael Adams, the Deputy Legal Counsel to the Chairman of the Joint Chiefs (and a former student), has an excellent article addressing this issue . . .
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Readings: Can Non-State Actors Mount an Armed Attack? by Kimberly N. Trapp

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Wednesday, June 11, 2014 at 3:29 PM

Among the issues separating the American understanding of international law regarding transnational non-state actor armed groups from that of the “international community” (or at least an influential and significant part of UN officialdom, international law academics, international tribunals, international human rights NGOs, and governments particularly in Europe) is whether it is even possible for a . . .
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Readings: The Diffusion of Drone Warfare: Industrial, Infrastructural and Organizational Constraints by Andrea Gilli and Mauro Gilli

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Tuesday, June 10, 2014 at 7:27 PM

Political science graduate students Andrea Gilli (European Union Institute, Florence) and Mauro Gilli (Northwestern University, Evanston) have posted a new and provocative paper to SSRN–“The Diffusion of Drone Warfare: Industrial, Infrastructural and Organizational Constraints.” I read this paper when first posted to SSRN some weeks back, but I waited to discuss it in a Readings post . . .
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Readings: “Ending Perpetual War?” by David A. Simon

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Monday, May 19, 2014 at 5:50 PM

David A. Simon, special counsel to the General Counsel, Department of Defense, has posted a new article to SSRN, “Ending Perpetual War? Constitutional War Termination Powers and the Conflict Against Al Qaeda” (41 Pepperdine Law Review 685 (2014)).  It’s an excellent article, and I heartily recommend it to those wanting a careful, nuanced walk through the . . .
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Readings: “A New Strategy for Reducing the Threat of Dangerous Øday Sales to Global Security and the Economy,” by Michele Golabek-Goldman

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Monday, May 19, 2014 at 5:59 AM

We have discussed the manifold challenges of zero day vulnerabilities quite a lot on this blog – why they are central to the cybersecurity challenge, how their discovery is vital to both offensive and defensive postures in cybersecurity, optimal USG policy on stockpiling v. publishing and patching vulnerabilities, and the like.  One little discussed but . . .
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Readings: NSA Report on the 702 Program

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Saturday, April 19, 2014 at 9:25 PM

Below is the text of a Report/public comment on the 702 program submitted by the NSA Civil Liberties and Privacy Office to the Privacy and Civil Liberties Oversight Board (PCLOB), dated April 16, 2014. It doesn’t appear to have received much notice so far (and doesn’t seem to be online yet).  The following text of the . . .
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Readings: A Critique of ‘Jus Post Bellum’ in International Law, by Eric De Brabandere

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Tuesday, February 11, 2014 at 11:53 PM

In the past two decades or so, an enormous amount of academic international law and policy attention has gone to the concept of jus post bellum, or “post conflict justice.”  There are various ways of rendering the phrase with varying intellectual or political commitments implied – “post-conflict transitional justice,” “law and obligations applicable to the . . .
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Readings: “Charting the Legal Geography of NIAC” by Michael Schmitt

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Monday, February 3, 2014 at 1:11 PM

I’ll be participating this week in a Naval War College workshop on “Legal Implications of Autonomous Weapons,” and since my presentation topic at the workshop is “area of operations” with respect to autonomous weapons, I thought it might be a good idea to check on any recent scholarship on what has come to be called . . .
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Readings: “Using Force on Land to Suppress Piracy at Sea,” by Steven R. Obert

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Saturday, February 1, 2014 at 5:00 PM

Although piracy in the Indian Ocean by Somali pirates is sharply down in the last year or two, threats remain and an increase in attacks is far from impossible.  After all, little has been done to disrupt the land-based organizational, logistical, and financial structures of  Somali piracy.  Nearly all anti-piracy use-of-force actions have taken place . . .
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Readings: Sean Wilentz on Snowden, Greenwald, and Assange

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Friday, January 24, 2014 at 8:15 AM

Over at the New Republic, Sean Wilentz has this fascinating long piece about the ideologies of Edward Snowden, Julian Assange, and Glenn Greenwald. The bottom line, in Wilentz’s view, is that it’s odd that these people have become heroes of the Left, because Snowden, Greenwald, and Assange’s writings “reveal an agenda that even the leakers’ . . .
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Readings: Chris Borgen on Realpolitik in Russia’s ‘Near Abroad’

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Saturday, December 7, 2013 at 5:02 PM

Readings: Christopher Borgen, “Russia, Moldova, and the EU: Realpolitik as Normative Competition,” Opinio Juris, October 23, 2013; Christopher Borgen, “The Protests in Ukraine and Normative Geopolitics,” Opinio Juris, December 3, 2013. Chris Borgen, law professor at St John’s Law School and Opinio Juris blogger, is a leading expert on the increasingly fraught law-and-geopolitics of Russia’s . . .
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