A district court recently ruled that Congress’s power to “Define and Punish… Felonies on the High Seas” extends beyond the high seas, to conduct entirely within a foreign country (on dry land), with no U.S. nexus. The case is U.S. v. Carvajal, 2013 WL 619890 (Feb. 20, 2013). The Maritime Drug Law Enforcement Act (MDLEA) […]
Archive | National Security
The Bourne Implausibility
By Nick Rosenkranz on March 6, 2013 9:40 pm in Constitutional Law, Fifth Amendment, National Security, Popular Culture, Targeted Killing, Uncategorized
I just caught the last few minutes of The Bourne Ultimatum. At the end (spoiler alert), Bourne successfully exposes everything, and we catch a glimpse of MSNBC, reporting on a secret CIA assassination program “which in several cases may have even targeted U.S. citizens.” In the movie, it appears that MSNBC believes this to be […]
US Surveillance Drones Aid French Airstrikes in Mali
By Kenneth Anderson on March 4, 2013 1:01 pm in National Security, Robotics, Science Fiction/Fantasy, War and Armed Conflict
The Wall Street Journal national security reporting team has a new article in today’s Journal on how US surveillance drones are providing intelligence and targeting information to French forces in Mali, which then use the information to direct French (manned) airstrikes. The drone surveillance marks, according to the article, a widened role for the US […]
In Other Pirate News
By Eugene Kontorovich on March 1, 2013 1:33 pm in International Law, National Security, War and Armed Conflict, War on Terror
A group of armed men attack a U.S. warship on the high seas. Piracy under international law? Yesterday, the U.S. District Court in Richmond convicted a group of Somalis for an attack on the U.S.S. Ashland (such incidents are not uncommon). Boy these guys were dumb – what were they thinking? Of course, if Judge […]
Human Rights Watch Can’t Wait to Accuse Israel
By Eugene Kontorovich on February 14, 2013 3:05 pm in Human Rights Watch, International Law, Israel, Military, National Security, War on Terror
Human Rights Watch has just released a report on Israel’s recent “Pillar of Defense” operation to suppress rocket fire from Gaza. The report concludes that 18 airstrikes violated international law by not being properly targeted. I do not know if 18 is a little or a lot for an operation of this scale, as there […]
Evolving Christian Attitudes Towards Personal and National Self-Defense
A forthcoming issue of the Connecticut Law Review will feature a symposium on an article by Prof. Nicholas Johnson (Fordham) about the changing attitudes of the Black leadership towards firearms. In brief, Black leadership was historically very supportive the right to keep and bear arms, and particularly concerned that Blacks be able to have firearms […]
France’s Mali War & International Law
By Eugene Kontorovich on January 18, 2013 4:36 pm in Global Governance/World Government, International Law, National Security, Uncategorized, War and Armed Conflict, War on Terror
France is fighting a rather serious war in Mali. What does international law say about this go-it-alone incursion into a foreign country? Given the controversy over recent interventions with mixed motives, such as the U.S. war in Iraq, it is worth consider the international legal basis for the assault and its conduct. I. Security Council […]
War & Treaty Powers Applied to al-Shabab Fighters
By Eugene Kontorovich on January 9, 2013 10:29 am in Constitutional Law, Counter-Terrorism Policy, International Law, National Security, War and Armed Conflict, War on Terror
Continuing the analysis of possible Art. I authority for applying the Material Support of Terrrorism statute to three Somali nationals fighting on behalf of al-Shabab in Somalia, with no identifiable link to the U.S. – other than being brought here for trial. War Powers The U.S. is not at war with Shabab. They are at […]
Foreign Commerce Authority for Universal Jurisdiction over Terrorists
By Eugene Kontorovich on January 9, 2013 8:00 am in Alien Tort Statute, Constitutional Law, Counter-Terrorism Policy, Criminal Law, International Law, National Security, Necessary and Proper, Terrorism, Uncategorized, War and Armed Conflict, War on Terror
The government is prosecuting three foreigners for the participating in “combat operations” in a foreign civil war. The indictment apparently alleges no connection to America, or even foreign commerce (unlike a similar 2011 case that lacked an apparent connection to the U.S.) The defendants are Somalis who fought in Somalia. In a previous post, I […]
Material Support Statute: A Neutrality Act for Everyone
By Eugene Kontorovich on January 8, 2013 11:01 am in Constitutional Law, Counter-Terrorism Policy, International Law, National Security, Uncategorized, War and Armed Conflict, War on Terror
In the next few days, I’ll discuss possible sources of Art. I authority for the the federal prosecution of three foreigners for fighting on the side of al-Shabab in Somalia, and brought forcibly to the U.S. for trial. Previously, I’ve argued that this prosecution cannot be sustained under the Offenses Clause. But first lets put […]
The Offenses Clause & Universal Jurisdiction Over Terrorists
By Eugene Kontorovich on January 2, 2013 2:53 pm in Alien Tort Statute, Constitutional Law, Criminal Law, Global Governance/World Government, International Law, National Security, Terrorism, Uncategorized, War and Armed Conflict
A few days before Christmas, the U.S. indicted three men at the Federal District courthouse in Brooklyn for plotting suicide bomb attacks. This is an extraordinary, almost unique case: none of the people or conduct has any connection to the U.S. The defendants are foreign nationals, captured by some African government ont their way to […]
National Security Law in the News
By Eugene Kontorovich on November 25, 2012 11:51 am in Constitutional Law, Counter-Terrorism Policy, Criminal Law, Executive Branch, International Law, Military, National Security, Press, Targeted Killing
National Security Law in the News: A Guide for Journalists, Scholars, and Policymakers is a new book published by the ABA’s Standing Committee on Law and National Security and Northwestern’s Medill School of Journalism. Despite the title, the book should be of interest to a general audience, as it offers a concise, broad plain-language overview […]
How Syria is Iran’s route to the sea
By David Kopel on October 24, 2012 2:29 am in Counter-Terrorism Policy, Iran, Israel, National Security, Presidency, Press, Terrorism
“Syria is Iran’s only ally in the Arab world. It’s their route to the sea.” So said Mitt Romney at the Monday debate. The Associated Press, The Guardian, The Telegraph, New York, U.S. News, Brad DeLong, Rachel Maddow’s Maddowblog, Comedy Central, and The Daily Kos promptly seized the opportunity to show off their superior geographical knowledge, pointing out that Iran […]
President Obama Blocks Chinese-Owned Wind-Farm Development
As anticipated in yesterday’s post, today President Obama acted on the pending CFIUS report regarding the Chinese-owned wind-farm developer (Ralls Corp.) and its four wind-farm projects in Oregon. The President’s order is noteworthy for being even broader than the two CFIUS orders it supersedes (which are described in my first post). Such presidential orders are quite […]