Latest in Extraterritoriality

International Law

A Further Response to Ryan Goodman on an Alleged Extraterritorial Right to Privacy

Continuing our dialogue about whether the ICCPR places limits on electronic surveillance by a state outside of its own territory, Ryan Goodman has posted a lengthy response to my response to his post about my PCLOB testimony last month.  His arguments deserve a longer response (and I hope some other Lawfare contributors may also respond), but I will have to limit myself to two points:

Civil Liberties and Constitutional Rights

Intelligence Squared US Debate: "The President Has Constitutional Power To Target And Kill U.S. Citizens Abroad"

For the Motion:

Alan Dershowitz, Professor of Law, Harvard Law School

Michael Lewis, Professor of Law, Ohio Northern University School of Law

Against the Motion:

Noah Feldman, Professor of Law, Harvard Law School

Hina Shamsi, Director of the ACLU National Security Project

Non-International Armed Conflict

A Dissenting Word on the Harold Koh Memoranda

I want to take issue with Peter Margulies’s laudatory remarks this weekend about the Harold Koh memos on extraterritorial application of the ICCPR and the CAT---you know, those memos that mysteriously showed up in the New York Times just as the United States was preparing to present its views on the ICCPR to the UN panel that oversees the treaty.

Relationship between LOAC and IHRL

Extraterritoriality and Human Rights: Time for a Change in the U.S. View?

As Jack has frequently observed, legitimacy and effectiveness often go hand-in-hand.  The two comprehensive State Department memoranda by former Legal Adviser (and Yale Law School dean) Harold Koh released Friday on extraterritoriality under the ICCPR and Convention Against Torture


Assessing the Review Group Recommendations: Part III

In Parts I and II of this series, I focused on the Review Group recommendations from Chapter III of the group's report. Starting in this post, I turn to the recommendations of Chapter IV, which deal with collection under Section 702 and other authorities directed at non-US persons. This is, to my mind, one of the weakest sections of the report.

Civil Liberties and Constitutional Rights

Abdullah Files His Reply-Brief Before the D.C. Circuit

As Raffaela previously noted, the case of Abdullah v. Obama is an exercise in "heel dragging and losing arguments." A brief refresher on the case: the legal saga started when Guantanamo detainee Hani Saleh Rashid Abdullah filed a habeas petition. The petition went unanswered. Accordingly, Abdullah switched tactics and instead moved for a preliminary injunction against his indefinite detention. This request also went unanswered.

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