Category Archives: International Law

preventative detention

Preventive Detention for National Security Purposes in Israel

By Dvir Saar & Ben Wahlhaus

Since the beginning of the 21st century, democratic states have increasingly been forced to confront the threat of terrorism on multiple fronts: at home, at the borders, and abroad. One tool that states have employed to protect the population is preventive detention. While highly effective in countering national security threats, significant steps need to be taken to avoid the risk of unjustified detention.

In this article, Saar and Wahlhaus aim to contribute to the ongoing deliberation on this issue by presenting the Israeli experience regarding preventive detention against the backdrop of international law, experience acquired while contending with a wide range of national security threats over several decades.

The authors explore the three different Israeli legal frameworks that regulate preventive detention in Israel, by describing and analyzing the different legislation and conducting a comprehensive survey of the case law (including previously unpublished cases). A comparative analysis of the three frameworks concludes the article.

Lessons from the diverse Israeli experience may serve to inform other states that are attempting to strike the proper balance between national security and avoiding the risk of unjustified detention, as well as inform contemporary international initiatives concerning detention.

Preventive Detention for National Security Purposes in Israel

Iran Nuclear Deal

JCP-No-Way: A Critique of the Iran Nuclear Deal as a Non-Legally-Binding Political Commitment

David Jonas and Dyllan Taxman’s insightful article— “JCP-No-Way: A Critique Of The Iran Nuclear Deal As A Non-Legally-Binding Political Commitment” —examines the Iran Nuclear Deal and its place in prior US arms treaties.

By positioning the Iran Nuclear Deal within the historical context of past agreements, American treaty-making, and national and international political norms, the authors conclude that the use of a non-binding political commitment to rein in Iran’s nuclear weapons ambitions was both novel and inappropriate.

Instead, the authors argue that the Obama Administration should have used one of the available legally binding agreement options when negotiating with Iran. While the Trump Administration has since withdrawn from the Iran Nuclear Deal, this article highlights the importance of the US prioritizing future arms agreements that carry the force of law.

JCP No Way: A Critique of the Iran Nuclear Deal

 

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