Topics
Armed Conflict
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ICC Prosecutor Tapped External Panel to Review Evidence: Is That Even Allowed?
Neither the Rome Statute nor fundamental fairness evidently permitted the ICC prosecutor to instruct an external panel of legal experts he assembled to review evidence he used to support his applications... -
Lawfare Daily: Christopher Kirchhoff on How the Pentagon and Silicon Valley Are Transforming the Future of War
Can the Department of Defense innovate fast enough to maintain technological and military superiority? -
The Nuclear Taboo Is a Myth
Public opinion can support the use of nuclear weapons in conflicts. Governments need stronger checks against pushing the button.
Congress
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Can the Military Disobey Orders in the SEAL Team 6 Hypothetical?
Two reasons for cautious optimism—or at least cautious suspension of outright horror -
Destroy, Rebuild, Repeat: Breaking the Climate-Disaster Cycle
As a climate-destabilized future approaches, U.S. laws, policies, and incentives are failing to account for this risk. -
A National Advisory Referendum on AI?
A national advisory referendum on AI could give Congress a clearer signal of the public’s priorities and help end the paralysis by analysis that has beset lawmakers.
Courts & Litigation
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ICC Prosecutor Tapped External Panel to Review Evidence: Is That Even Allowed?
Neither the Rome Statute nor fundamental fairness evidently permitted the ICC prosecutor to instruct an external panel of legal experts he assembled to review evidence he used to support his applications... -
Can the Military Disobey Orders in the SEAL Team 6 Hypothetical?
Two reasons for cautious optimism—or at least cautious suspension of outright horror -
Making Sense of the Supreme Court’s Social Media Decisions
Neither case reached the merits. But NetChoice and Murthy have set the paradigm through which the Court will evaluate social media regulations and will change the way governments try to influence social ...
Criminal Justice & Rule of Law
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ICC Prosecutor Tapped External Panel to Review Evidence: Is That Even Allowed?
Neither the Rome Statute nor fundamental fairness evidently permitted the ICC prosecutor to instruct an external panel of legal experts he assembled to review evidence he used to support his applications... -
Can the Military Disobey Orders in the SEAL Team 6 Hypothetical?
Two reasons for cautious optimism—or at least cautious suspension of outright horror -
In Search of Complementarity: Israel’s Possible Responses to ICC Arrest Warrants
If properly structured, both a commission of inquiry and a preliminary examination by the Israeli police could arguably meet existing complementarity standards.
Cybersecurity & Tech
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Chatter: The Largest Sting Operation of All Time with Joseph Cox
Discussing the FBI's Anom sting operation -
Lawfare Daily: Christopher Kirchhoff on How the Pentagon and Silicon Valley Are Transforming the Future of War
Can the Department of Defense innovate fast enough to maintain technological and military superiority? -
OFAC the Ransomware Gangs
It is time for OFAC to designate every ransomware gang by default.
Democracy & Elections
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Rational Security: The “Gluten-Free Clam Pizza is the Best Pizza” Edition
This week, a Scott-less Alan and Quinta sat down with Lawfare Tarbell Fellow Kevin Frazier and law school-bound Associate Editor Hyemin Han. -
Lawfare Live: Trump's Trials and Tribulations, July 5
Join the Lawfare team for a discussion of the trials of Donald Trump. -
Broad Reflections on Trump v. United States
The wisdom of the decision depends on unknowable future events.
Executive Branch
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Lawfare Daily: Christopher Kirchhoff on How the Pentagon and Silicon Valley Are Transforming the Future of War
Can the Department of Defense innovate fast enough to maintain technological and military superiority? -
Can the Military Disobey Orders in the SEAL Team 6 Hypothetical?
Two reasons for cautious optimism—or at least cautious suspension of outright horror -
OFAC the Ransomware Gangs
It is time for OFAC to designate every ransomware gang by default.
Foreign Relations & International Law
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ICC Prosecutor Tapped External Panel to Review Evidence: Is That Even Allowed?
Neither the Rome Statute nor fundamental fairness evidently permitted the ICC prosecutor to instruct an external panel of legal experts he assembled to review evidence he used to support his applications... -
Singapore’s New Investment Screening Law
The law’s flexible, entity-based designation mechanism is noteworthy, but the scope of its call-in power and “national security” remains ambiguous. -
In Search of Complementarity: Israel’s Possible Responses to ICC Arrest Warrants
If properly structured, both a commission of inquiry and a preliminary examination by the Israeli police could arguably meet existing complementarity standards.
Intelligence
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Israeli Intelligence Misses Again
Revelations of Unit 8200’s failure to warn about the Oct. 7 attacks suggests that the Israeli intelligence apparatus is far weaker than its reputation. -
Chatter: Phantom Orbit with Journalist David Ignatius
Discussing David Ignatius's new spy thriller -
Why the U.S. Intelligence Community Needs an OSINT Agency
The establishment of a dedicated OSINT agency would be a step towards reconfiguring the IC for the challenges of the information age.
States & Localities
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Destroy, Rebuild, Repeat: Breaking the Climate-Disaster Cycle
As a climate-destabilized future approaches, U.S. laws, policies, and incentives are failing to account for this risk. -
Congress Should Preempt State AI Safety Legislation
Regulation of AI models themselves should occur on the federal, not state, level. -
Lawfare Daily: Chinese Property Ownership and National Security
Discussing the Florida legislation banning Chinese citizens from owning property
Surveillance & Privacy
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Rational Security: The “God Given” Edition
This week, Alan Rozenshtein, Quinta Jurecic, and Scott Anderson were joined once again by Kevin Frazier to talk over the week’s big national security news. -
Supreme Court Rules in Jawboning Case
The Court determined that the plaintiffs lacked standing to bring their claims. -
Julian Assange to Plead Guilty to Violating Espionage Act
The expected plea deal could signal the beginning of the end of a long saga for the WikiLeaks founder and the Justice Department.
Terrorism & Extremism
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A Decision of Surpassing Recklessness in Dangerous Times
The Supreme Court’s decision in Trump v. United States would have been wrong and dangerous at any time. It’s uncommonly so with Trump poised to retake power. -
The Court’s Fischer Ruling Is a Symbolic Setback for the Justice Department—But One With Modest Consequences
The decision will dramatically impact only about 52 cases and, conceivably, not even those. It is unlikely to affect any charges against former President Trump. -
Lawfare Daily: Supreme Court Rules on Fischer v. United States
Discussing how SCOTUS's ruling impact hundreds of Jan. 6 defendants