Totality of the Circumstances: The DOD Law of War Manual & the Evolving Notion of Direct Participation in Hostilities

Major Ryan Krebsbach argues that the US Department of Defense Law of War Manual appropriately balances the need to protect civilians against the necessity of ensuring that individuals do not use the law of armed conflict to escape being lawfully targeted despite their material support for non-State armed forces. In contrast to the narrower definition… Continue reading Totality of the Circumstances: The DOD Law of War Manual & the Evolving Notion of Direct Participation in Hostilities

Terrorism, the Internet, & Propaganda: A Deadly Combination

Ariel Lieberman outlines the evolution, content, and goals of modern terrorist propaganda on the Internet, and presents a three-pronged approach for challenging such propaganda using a combination of criminal prosecution, removal of terrorist propaganda from social media platforms, and an active counter-propaganda campaign to discredit and undermine terrorist groups. Terrorism, the Internet, & Propaganda

The Covert Action Statute: The CIA’s Blank Check?

MAJ Peter Combe argues that the covert action statute prohibits the Central Intelligence Agency from violating self-executing treaties to which the United States is party, as well as non-self-executing treaties and customary international law implemented by statute, but it provides domestic legal authority to violate non-self-executing treaties and customary international law that have not been… Continue reading The Covert Action Statute: The CIA’s Blank Check?