Category Archives: Vol. 9 No. 3

Replacing the “Sword of War” with the “Scales of Justice”: Henfield’s Case and the Origins of Lawfare in the United States

The United States government’s 1793 prosecution of Gideon Henfield represents the first instance of the lawfare engaged in by the fledgling government. Over the course of the decades that followed, criminal prosecution became a default selection for addressing national security threats. This article examines how the Washington Administration utilized law as a weapon to defend itself from the British and French and set the precedent for using prosecutions to achieve national security objectives.

Replacing the “Sword of War” with the “Scales of Justice”: Henfield’s Case and the Origins of Lawfare in the United States

Earth at Night

Rock or Island: It Was an UNCLOS Call

Geospatial Intelligence (GEOINT) provides legal value in presenting historical and existing facts to judicial bodies in their efforts to achieve the peaceful use of the seas, consistent with the United Nations Convention on the Law of the Sea (UNCLOS). The 2016 South China Sea Arbitration highlighted the value of GEOINT and demonstrates how GEOINT will be important in promoting a rules-based order in the maritime domain.

Rock or Island: It Was an UNCLOS Call

 

Protecting refugees

The Border and Beyond: The National Security Implications of Migration, Refugees, and Asylum Under US and International Law

In the United States, the discussion about immigration is dominated by a narrow focus on the security of the borders, particularly the southern border, and the potential threats posed by people who seek enter the country. However, the national security implications of the refugee crisis go way beyond the borders. Protecting refugees, rather than keeping them out, is a national security imperative.

The Border and Beyond: The National Security Implications of Migration, Refugees, and Asylum Under US and International Law