This article explores the tension between the policy objectives of United States counterterrorism efforts (deterrence, incapacitation, and intelligence gathering) and the traditional legal frameworks used to justify them (the law of war and the criminal justice model). All three branches of government, the author urges, have worked at cross-purposes in developing a counterterrorism policy that… Continue reading Harmonizing Policy & Principle: A Hybrid Model for Counterterrorism
Category: Terrorism and Counterterrorism
Legitimacy Versus Legality Redux: Arming the Syrian Rebels
The provision of lethal aid to the Syrian rebels appears questionable from a purely legal perspective. It would arguably amount to a use of force. Neither of the traditional legal justifications for the use of force—self-defense and authorization by the Security Council—applies in this case. While humanitarian intervention arguably offers a (weak) basis for the… Continue reading Legitimacy Versus Legality Redux: Arming the Syrian Rebels
CIA and the Rule of Law
Just as ours is a nation of laws, the CIA is an institution of laws, and the rule of law is integral to Agency operations. All intelligence activities of the Agency must be properly authorized pursuant to, and must be conducted in accordance with, the full body of national security law that has been put in place over the six-plus decades since the creation of the CIA.