National Security Law Today

At times of real and perceived national security threats, policymakers and decision-makers sometimes consider “law” an impediment rather than an asset. In this week's episode, an expert panel addresses the question - does law matter - and other ethical questions, like how to make the case for law in times of crisis, and why the good faith application of law is a national security value.

Lauren Hobart is the Associate Teaching Professor at Syracuse University College of Law:

https://www.maxwell.syr.edu/research/autonomous-systems-policy-institute/leadership-staff/faculty/laurie-hobart

Hon. James E Baker is Professor by Courtesy Appointment in the Public Administration and International Affairs Department at the Maxwell School for Citizenship and Public Affairs, and Director of the Institute for Security Policy and Law at Syracuse University:

https://www.maxwell.syr.edu/directory/the-hon-james-e-baker

Dana Dyson is Deputy General Counsel for Operations at the CIA:

https://www.wcl.american.edu/community/faculty/profile/ddyson/bio

References:

Does Law Matter: Making the Case for Law During Times of Crisis, model rules:

https://acrobat.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A11ac4f5d-e062-33f2-931f-7d5d7f3e85b7&viewer%21megaVerb=group-discover

Robert H. Jackson, The Federal Prosecutor, 24 J. Am. Jud. Soc’y 18 (1940) (address at Conference of United States Attorneys, Washington, D.C., April 1, 1940):

https://www.roberthjackson.org/speech-and-writing/the-federal-prosecutor/

Hon. James E. Baker, In Common Defense, Chapter 10 (2013):

https://acrobat.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3Ab8115309-431b-34f7-bb8f-572412203545&viewer%21megaVerb=group-discover

To view the entire collection of panels from our 32nd Annual Review of the Field of National Security Law Conference:

https://www.americanbar.org/groups/law_national_security/events_cle/32-nd-annual-review-of-the-field-of-national-security-law-confernce/recordings-32nd-annual-review-of-the-field-of-national-security-law-conference/

As Ukraine ramps up its defenses with the help of allied nations, it appears there is no end in sight for the War in Ukraine. This week, host Elisa is joined by committee member David Graham to discuss the ins and outs of the Law of Armed Conflict, and how the framework applies to the situation in Ukraine. What should Russia be held accountable for? How do we foresee this conflict playing out? And how does the Law of Armed Conflict address crimes by victim nations?

David Graham is a Special Advisor to the ABA's Standing Committee on Law and National Security:

https://sites.duke.edu/lawfire/files/2023/01/Graham.pdf

References:

The Geneva Conventions:

https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdf

The Hague Conventions:

https://casebook.icrc.org/glossary/hague-conventions

The Law of Armed Conflict, Basic Knowledge. International Commitee of the Red Cross:

https://www.icrc.org/en/doc/assets/files/other/law1_final.pdf

Law of Armed Conflict, Article 54 Protocol I:

https://ihl-databases.icrc.org/en/customary-ihl/v2/rule54

U.S. Department of Defense Law of War Manual:

https://dod.defense.gov/Portals/1/Documents/pubs/DoD%20Law%20of%20War%20Manual%20-%20June%202015%20Updated%20Dec%202016.pdf?ver=2016-12-13-172036-190

United National Charter, Article 2(4):

https://legal.un.org/repertory/art2/english/rep_supp7_vol1_art2_4.pdf

In Ukraine and around the world, satellites have become increasingly essential for military operations. Over 7,000 active satellites are currently in orbit, but how vulnerable are they to targeting and attack? This week host Elisa is joined by Dr. Brian Weeden of the Secure World Foundation to discuss the role satellites have played in Ukraine, in past conflicts, and how they've evolved to become a prime military vulnerability. How has Russia targeted satellites in order to gain ground in Ukraine? And how is the US strengthening satellite resilience for the future?

Dr. Brian Weeden is the Director of Program Planning for the secure World Foundation:

https://swfound.org/about-us/our-team/dr-brian-weeden/

References

"Working Smarter with America's Space Faring Allies." Workshop Report. American Bar Association, March 2020:

https://www.americanbar.org/content/dam/aba/administrative/law_national_security/march-2020-space-report.pdf

Weeden, Brian, and Victoria Samson. Secure World Foundation, 2022, Global Counterspace Capabilities Report:

https://swfound.org/counterspace

To see the Standing Committee on Law and National Security's full list of space policy reports, visit our resources page:

https://www.americanbar.org/groups/law_national_security/resources/

NATO, the world's strongest and most powerful military alliance, represents 50% of the worlds economic power and 50% of its military power. As we head into another year of war in Ukraine, several NATO allies have recently agreed to step up their military aid, raising tensions with the Kremlin. This week, host Elisa is joined by George Washington University Professor and NATO expert, Dr. Erwan Lagadec, to discuss NATO's early formation, how it's expanded over the years, and if even greater involvement in Ukraine could be in the alliance's future.

Dr. Erwan Lagadec is Associate Research Professor at the George Washington University's Institute for European, Russian, and Eurasian Studies (IERES):

https://drive.google.com/file/d/1rhoDlcmOM0ImHwmCxCmtLyQ1H6xliQYh/view?usp=share_link

References:

The North Atlantic Treaty, Article 5:

https://www.nato.int/cps/en/natohq/official_texts_17120.htm

The scale of Russia's criminal conduct in Ukraine is astounding. Since Russia invaded Ukraine almost one year ago, Ukrainian authorities have opened over 50,000 investigations into alleged war crimes committed by Russia. As we approach the one year anniversary of the invasion, we welcome back Judge James Baker to revisit the laws and treaties that apply to Russia and this conflict.

Hon. James E Baker is Director of the Institute for Security Policy and Law at Syracuse University:

https://law.syracuse.edu/deans-faculty/faculty/hon-james-e-baker/?_ga=2.54182113.83813634.1674149590-222628566.1661542169

References:

Responsibility of States for Internationally Wrongful Acts:

https://legal.un.org/ilc/texts/instruments/english/draft_articles/9_6_2001.pdf

The Geneva Conventions:

https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdf

The North Atlantic Treaty, Articles 5 & 11:

https://www.nato.int/cps/en/natolive/official_texts_17120.htm

The Rome Statute of the International Criminal Court:

https://legal.un.org/icc/statute/99_corr/cstatute.htm

United Nations General Assembly, Article 18:

https://legal.un.org/repertory/art18.shtml

National Security Act of 1947:

https://www.dni.gov/index.php/ic-legal-reference-book/national-security-act-of-1947

James E. Baker, “Obedience to Orders, Lawful Orders, and the Military’s Constitutional Compact.” Just Security. November 2, 2020:

https://www.justsecurity.org/73221/good-governance-paper-no-21-obedience-to-orders-lawful-orders-and-the-militarys-constitutional-compact/

“Biden calls Putin a war criminal.” NPR. March 16, 2022:

https://www.npr.org/2022/03/16/1087011897/biden-putin-war-criminal

“U.S must harden its cybersecurity defenses, experts say.” ABA Press and ABA Standing Committee on Law and National Security. Feb. 2022:

https://www.americanbar.org/news/abanews/aba-news-archives/2022/03/us-must-harden-its-cybersecurity-defenses/

“Statement of ABA President Reginald Turner Re: Invasion of Ukraine.” ABA. March 2, 2022z:

https://www.americanbar.org/news/abanews/aba-news-archives/2022/02/statement-of-aba-president-reginald-turner-re-invasion-of-ukraine/

The Nuremberg Principles:

https://ihl-databases.icrc.org/ihl/INTRO/390

Title 18 U.S. Code 2441, War Crimes:

https://www.law.cornell.edu/uscode/text/18/2441

Executive Order 901:

https://www.law.cornell.edu/uscode/text/5/901

Executive Order 12333:

https://dpcld.defense.gov/Portals/49/Documents/Civil/eo-12333-2008.pdf

Department of Defense Law of War Manual:

https://dod.defense.gov/Portals/1/Documents/pubs/DoD%20Law%20of%20War%20Manual%20-%20June%202015%20Updated%20Dec%202016.pdf?ver=2016-12-13-172036-190

Since the sixth century, Ukraine has been the site of many incursions from the east and west, from Ghengis Khan, to the Ottomans, Swedes, Poles, and more. This week, host Elisa is joined by Russia and Eurasia expert Eugene Rumer to review Ukraine's history of upheaval, what Ukraine's future may hold, and how Putin is shaping its present.

Eugene Rumer is Director and Senior Fellow of the Russia and Eurasia Program at the Carnegie Endowment for International Peace:

https://carnegieendowment.org/experts/917

References:

Senate Hearing: "Disinformation: A Primer in Russian Active Measures and Influence Campaigns, Panel 1" March 30, 2017:

https://www.govinfo.gov/content/pkg/CHRG-115shrg25362/html/CHRG-115shrg25362.htm

Eugene Rumer on Active Measures, Senate Testimony. C-SPAN. May 9, 2020:

https://www.c-span.org/video/?c4874765/user-clip-eugene-rumer-active-measures-senate-testimony

Taras Shevchenko Memorial:

https://www.nps.gov/places/000/taras-shevchenko-memorial.htm

Register for our February 22nd event, "Export Enforcement’s Critical Role in Protecting Our National Security: A Discussion with the Assistant Secretary of Commerce for Export Enforcement":

https://web.cvent.com/event/e97f2f9b-4223-4123-8719-bfbd955d2ea3/summary

What does the new year have in store for national security law and policy? This week host Elisa is joined by fellow committee members Bill Banks, Harvey Rishikof and Mary DeRosa to run through the big issues for the year ahead. Will this be a landmark year in the crackdown on tech? Will crypto policy steal the spotlight? What will happen with Title 42 and immigration law?

Bill Banks is Chair of the ABA Standing Committee on Law and National Security:

https://securitypolicylaw.syr.edu/about_the_institute_for_security_policy_and_law/people/staff-2/william-c-banks/?_gl=1*u4himc*_ga*MjIyNjI4NTY2LjE2NjE1NDIxNjk.*_ga_QT13NN6N9S*MTY2MTU0MjE2OS4xLjAuMTY2MTU0MjE2OS42MC4wLjA.

Harvey Rishikof is Senior Counselor of the ABA Standing Committee on Law and National Security, and Director of Policy and Cyber Research at the University of Maryland Applied Research Lab for Intelligence and Security:

https://law.temple.edu/contact/harvey-rishikof/

Mary DeRosa is Advisory Committee Chair of the ABA Standing Committee on Law and National Security:

https://www.law.georgetown.edu/faculty/mary-b-derosa/

References:

Gonzalez v. Google:

https://law.justia.com/cases/federal/appellate-courts/ca9/18-16700/18-16700-2021-06-22.html

Twitter v. Taamneh:

https://www.supremecourt.gov/DocketPDF/21/21-1496/226415/20220526180216120_21-xxxx%20-%20Twitter%20Inc.%20v.%20Taamneh%20-%20cert.%20petition.pdf

"Congress Passes Justice for Victims of War Crimes Act." Just Security. December 22, 2022:

https://www.justsecurity.org/84588/senate-passes-justice-for-victims-of-war-crimes-act/

U.S. Code Title 42:

https://www.law.cornell.edu/uscode/text/42

18 U.S. Code 2339D:

https://www.law.cornell.edu/uscode/text/18/2339D

To celebrate another year of National Security Law Today, host Elisa brings you some of her favorite highlights from 2022. Browse our entire collection of episodes on Apple Podcasts, Spotify, Stitcher and Soundcloud.

Subscribe to the podcast and leave us a review on Apple Podcasts:

https://podcasts.apple.com/us/podcast/national-security-law-today/id1276946676

Follow to the podcast and leave us a review on Spotify:

https://open.spotify.com/show/4KgtjLDlxsNxYrCLuOoF1I?si=882ef17c522c48ae

Follow us on Stitcher:

https://listen.stitcher.com/yvap/?af_dp=stitcher://show/149434&af_web_dp=https://www.stitcher.com/show/149434&deep_link_value=stitcher://show/149434

Get your copy of the U.S. Intelligence Community Law Sourcebook, 2021-2022 Edition:

https://www.americanbar.org/products/inv/book/417416664/

The Islamic Republic has imposed a near total blockout of independent information coming out of the Iran. While protestors search for savvy workarounds, the regime only further cracks down with heightened censorship and surveillance. This week, host Elisa is joined by Shervin Taheran, JD Candidate at the Georgetown University Law Center. Through her research with Georgetown’s National Security Technology Incubator Project, she brings extensive analysis of the risks and effects of social media in Iran. How does the Islamic Republic treat and control information? What communication technologies are available to protestors, and are these methods aiding in their mission?

Shervin Taheran is a JD Candidate at the Georgetown University Law Center and a Research Consortium member of the school's National Security Technology Incubator Project: https://www.law.georgetown.edu/national-security-center/incubator/natsec-tech/shervin-taheran/

Part 2 of 2 – While many have had their eyes on the midterms and the World Cup, hundreds have been killed during protests in the Islamic Republic. This week, host Elisa continues our Iran series with guest Dr. Roham Alvandi, Associate Professor of International History at the London School of Economics and Political Science. Together they discuss the critical shifts in Iran’s governing structures from the coup in 1953 to the revolution in 1979. What shifted in Iran to allow for the revolution in 1979? And today, as the country progresses into increased political and cultural upheaval, what do we see happening next? 

Dr. Roham Alvandi is Associate Professor of International History at the London School of Economics and Political Science:https://www.lse.ac.uk/international-history/people/academicstaff/alvandi/alvandi

References:

Alvandi, Roham. Nixon, Kissinger, and the Shah the United States and Iran in the Cold War. Oxford University Press, 2016:

https://global.oup.com/academic/product/nixon-kissinger-and-the-shah-9780190610685?prevSortField=9&q=*&resultsPerPage=100&lang=en&cc=gb#

Alvandi, Roham. The Age of Aryamer: Late Pahlavi Iran and Its Global Entanglements. The Gingko Library, 2018:https://www.gingko.org.uk/publishing/books/the-age-of-aryamehr/?fbclid=IwAR0Xbu7sDHE8wbin2QUeMxaAfVMa32U24FUrsUY3FEScx3XPFM_NzgOfrVQ