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International and Foreign

International Law and Cyber Attacks: Sony v. North Korea

Sonypicturesentertainmentoffices

It could only happen in the movies. A major Hollywood company produces a film starring well-known comedic actors which involves the tongue-in-cheek assassination of the leader of a remote and rather bizarre dictatorship. The “supreme leader” apparently orders a secret group of cyber warriors calling themselves “The Guardians of Peace” (in actuality, the State-run “Bureau 121”) to retaliate by attacking the company’s IT system.…   continue »

Guest Post: Drone Courts–A Response to Professor Vladeck

Editors’ note: In this post, Professors Brand, Guiora, and Barela reply to Steve Vladeck’s December 2 post, “Drone Courts: The Wrong Solution to the Wrong Problem,” which addressed an article by Professors Brand and Guiora.

Introduction

We are grateful for the thoughtful commentary by Professor Vladeck regarding our recent paper, “Establishment of a Drone Court: A Necessary Restraint on Executive Power,” soon to be a chapter in the book The Legitimacy of Drones: UCAVs for Cross-Border Counterterrorism edited by Steven J.…   continue »

The Cost-Benefit Analysis: The Preventive Value of the Senate Torture Report

Amidst the full-throated defense of the CIA’s interrogation tactics (see, e.g., Cheney – “I’d do it again”), the President’s refusal to state whether or not abusive interrogations yielded actionable intelligence, John Brennan’s suggestion that future administrations might want to resurrect the use of enhanced interrogation techniques, and the dominant assumption that the perpetrators of torture and other abusive interrogation practices will escape prosecution, at least in the United States,  it is easy to wonder what will keep us from repeating the same mistakes again.…   continue »

The Torture Convention & Appendix M of the Army Field Manual on Interrogations

We are on the eve of the release of the Senate Select Committee on Intelligence’s report on the Central Intelligence Agency’s interrogation program. Although this report will discuss interrogation tactics that have been roundly discredited and unequivocally prohibited, we should not lose sight of the fact that some current detainee treatment techniques, such as force-feeding, continue to be controversial and to draw significant criticism.…   continue »

Revisiting Torture: Implications of Overturning Ireland v. United Kingdom

One of the seminal international decisions on torture, inhuman and degrading treatment, the Ireland v United Kingdom case decided by the European Court of Human Rights in 1978, may be about to be reopened, and potentially reversed. As many Just Security readers will be aware, this case is not “old” history in the context of US torture debates.…   continue »