Just Security, Author at Just Security

The following articles appear in our series on the U.N. General Assembly and International Criminal Tribunal for the Crime of Aggression Against Ukraine.

29. The Lithuanian Case for an International Special Tribunal for the Crime of Aggression Against Ukraine

by Dr. Gabija Grigaitė-Daugirdė

Jun 1st, 2023

28. An International Special Tribunal is the Only Viable Path to a Just and Lasting Peace in Ukraine

by Ambassador Rein Tammsaar

May 9th, 2023

27. The Legal Authority to Create a Special Tribunal to Try the Crime of Aggression Upon the Request of the UN General Assembly

by Oona A. Hathaway, Maggie Mills and Heather Zimmerman

May 5th, 2023

26. Don’t be Fooled By U.S. Smoke and Mirrors on the Crime of Aggression

by Jennifer Trahan

Apr 14th, 2023

25. The United States’ Proposal on Prosecuting Russians for the Crime of Aggression Against Ukraine is a Step in the Right Direction

by Michael Scharf, Paul R. Williams, Yvonne Dutton and Milena Sterio

Apr 6th, 2023

24. An Assessment of the United States’ New Position on An Aggression Tribunal for Ukraine

by Rebecca Hamilton

Mar 29th, 2023

23. A Pragmatic Legal Approach to End Russia’s Aggression

by Luis Moreno Ocampo

Feb 23rd, 2023

22. A Special Tribunal for Ukraine on the Crime of Aggression – The Role of the U.N. General Assembly

by Hans Corell

Feb 14th, 2023

21. Спеціальний трибунал для України щодо злочину агресії – роль Генеральної Асамблеї ООН

by Hans Corell

Feb 14th, 2023

20. Letter to Editor: On So-Called Selectivity and a Tribunal for Aggression Against Ukraine

by Chile Eboe-Osuji

Feb 10th, 2023

19. Чому “Гібридний” український трибунал щодо злочину агресії не є відповіддю

by Jennifer Trahan

Feb 6th, 2023

18. Why a “Hybrid” Ukrainian Tribunal on the Crime of Aggression Is Not the Answer

by Jennifer Trahan

Feb 6th, 2023

17. Ending Selective Justice for the International Crime of Aggression

by Luis Moreno Ocampo

Jan 31st, 2023

16. The Ukraine War and the Crime of Aggression: How to Fill the Gaps in the International Legal System

by Claus Kress, Stephan Hobe and Angelika Nußberger

Jan 23rd, 2023

15. Війна в Україні та злочин агресії: Як заповнити прогалини в міжнародній правовій системі

by Claus Kress, Stephan Hobe and Angelika Nußberger

Jan 23rd, 2023

14. Just Security Experts Give Address at Int’l Criminal Court’s Assembly of State Parties Side Event

by Just Security

Dec 7th, 2022

13. Аргументи щодо створення Спеціального трибуналу для переслідування злочину агресії, вчиненого щодо України

by Astrid Reisinger Coracini and Jennifer Trahan

Nov 8th, 2022

12, The Case for Creating a Special Tribunal to Prosecute the Crime of Aggression Committed Against Ukraine (Part VI): On the Non-Applicability of Personal Immunities

by Astrid Reisinger Coracini and Jennifer Trahan

Nov 8th, 2022

11. Forging a Cooperative Relationship Between International Criminal Court and a Special Tribunal for Aggression Against Ukraine

by Ambassador David Scheffer

Oct 25th, 2022

10. Налагодження співпраці між МКС і Спеціальним трибуналом переслідування злочину агресії, вчиненого щодо України

by Ambassador David Scheffer

Oct 25th, 2022

9. Аргументи щодо створення Спеціального трибуналу для переслідування злочину агресії, вчиненого щодо України

by Ambassador David Scheffer

Sep 28th, 2022

8. The Case for Creating a Special Tribunal to Prosecute the Crime of Aggression Committed Against Ukraine (Part IV)

by Ambassador David Scheffer

Sep 28th, 2022

7. The Case for Creating a Special Tribunal to Prosecute the Crime of Aggression Committed Against Ukraine

by Ambassador David Scheffer

Sep 26th, 2022

6. Аргументи щодо створення Спеціального трибуналу для переслідування злочину агресії, вчиненого щодо України

by Jennifer Trahan

Sep 26th, 2022

5. The Case for Creating a Special Tribunal to Prosecute the Crime of Aggression Against Ukraine (Part III)

by Jennifer Trahan

Sep 26th, 2022

4. Аргументи щодо створення Спеціального трибуналу для переслідування злочину агресії, вчиненого щодо України

by Astrid Reisinger Coracini

Sep 23rd, 2022

3. The Case for Creating a Special Tribunal to Prosecute the Crime of Aggression Against Ukraine (Part II)

by Astrid Reisinger Coracini

Sep 23rd, 2022

2. Аргументи щодо створення Міжнародного трибуналу для переслідування злочину агресії, вчиненого щодо України

by Oona A. Hathaway

Sep 20th, 2022

1. The Case for Creating an International Tribunal to Prosecute the Crime of Aggression Against Ukraine (Part I)

by Oona A. Hathaway

Sep 20th, 2022

IMAGE: Ukrainian President Volodymyr Zelenskyy remotely addresses the 77th session of the United Nations General Assembly in New York City on Sept. 21, 2022. (Photo by Angela Weiss/AFP via Getty Images)

The post U.N. General Assembly and International Criminal Tribunal for the Crime of Aggression Against Ukraine appeared first on Just Security.

Digest of Recent Articles on Just Security (Apr. 29-May 5)

Just Security — Sat, 06 May 2023 12:48:13 +0000

Russia – Ukraine

World Press Freedom Day

Freedom of Expression and Media Freedom as a Driver for All Human Rights
by Lord David Neuberger (@LordNeuberger), Can Yeginsu (@Can_Yeginsu), Catherine Amirfar and Baroness Helena Kennedy (@HelenaKennedyKC)

Holocaust Remembrance

Sustaining Renewed Tolerance in Context: Reflections on the Holocaust in Estonia
by Menachem Z. Rosensaft

Sudan

To End War in Sudan, Target the Generals’ War Chests
by Suliman Baldo (@SulimanBaldo)

G7 Summit / Nuclear Proliferation

Biden Must Deliver on Disarmament at the G7 Summit in Hiroshima
by Daryl G. Kimball (@DarylGKimball) and John Tierney (@RepTierney)

International Law on Space

Remote Sensing from Space: What Norms Govern?
by Catherine Amirfar, Ina Popva, Christel Tham and Nicole Marton

Russia Election Interference

The April 2023 Indictment for Russian Election Interference and Threats to U.S. Democracy
by Asha Rangappa (@AshaRangappa_)

January 6th

Introduction to Expert Statements on Democracy and Political Violence, submitted to January 6th House select committee
by Jacob Glick (@jhglick)
Tracker: Litigation and Legislation on the “Insurrection Bar” to Office – Section 3 of the Fourteenth Amendment
by Ryan Goodman (@rgoodlaw) and Clara Apt (@claraapt25)

Classified Information – Leaks

Protecting Intelligence Leaks: Let’s Start Over
by James Bruce

Social Media / First Amendment

Montana is Trying to Ban TikTok. What Does the First Amendment Have to Say?
by Deborah Pearlstein (@DebPearlstein) and John Dellamore

Podcast

The Just Security Podcast: The Battle for Sudan
Paras Shah (@pshah518) interview with (@Qabdulshafi), (@SulimanBaldo) and (@bechamilton)
The Just Security Podcast: A Guilty Verdict in the Proud Boys Trial
Paras Shah (@pshah518) interview with Tom Joscelyn (@thomasjoscelyn) and Mary McCord

The post Digest of Recent Articles on Just Security (Apr. 29-May 5) appeared first on Just Security.

Digest of Recent Articles on Just Security (Apr. 22-28)

Just Security — Sat, 29 Apr 2023 13:45:32 +0000

Symposium: Values in Foreign Policy / Racial Justice

The War From Within: Racial Injustice in the US Prison System
by Jessica Wolfendale (@JCWolfendale)

Great Power Competition – China

Asylum Policy

Europe Can Show the United States and Canada How to Share Responsibility for Asylum Seekers
by Elena Chachko (@ElenaChachko) and Katerina Linos (@katerinalinos)

Guantanamo

The Role of Culture in Torture and Its Absence in Guantanamo’s Medical Care System
by Yumna Rizvi (@YumnaRizvi)

United States-Philippines

On Eve of Marcos Visit, US Must Center Human Rights in US-Philippines Security Relationship
by Adam Keith (@adamofkeith)

United Nations / Marine Biodiversity

New High Seas Treaty Prepares International Community for Sustainable and Equitable “Blue Economy”
by Sarah Reiter, Angelique Pouponneau (@ANGIEPOPS11) and Kristina M. Gjerde (@4kgjerde)

U.N. General Assembly Reform

The U.N. General Assembly’s Veto Initiative Turns One. Is it Working?
by Rebecca Barber (@becjbarber)

Transnational Repression

How Democratic Govts Become Complicit in Transnational Repression: Another Rwanda-US Case
by Yana Gorokhovskaia (@gorokhovskaia) and Nate Schenkkan (@nateschenkkan)

The post Digest of Recent Articles on Just Security (Apr. 22-28) appeared first on Just Security.

Digest of Recent Articles on Just Security (Apr. 15-21)

Just Security — Sat, 22 Apr 2023 12:32:59 +0000

Leaked Intelligence Documents

The Teixeira Breach: What Top Intelligence and Legal Experts Are Saying
by Just Security

Espionage Act Investigations

I’ve Prosecuted National Security Cases. It Can Take Time to Get Them Right.
by David Aaron

Surveillance Reform

The Year of Section 702 Reform, Part II: Closing the Gaps and Completing the Modernization of FISA
by Elizabeth Goitein (@LizaGoitein)

Congress

If Diane Feinstein Were President
by Jerry Goldfeder @JerryGoldfeder

Sudan Conflict

Russia – Ukraine: International Criminal Court

Conferred Jurisdiction and the ICC’s Putin and Lvova-Belova Warrants
by Leila Nadya Sadat (@leilasadat1)

Iran – United States

After ICJ’s “Certain Iranian Assets” Judgement, Iran and United States Both Claim Victory
by Keian Razipour (@KRazipour)

Afghanistan

Time for the United States to Rethink its Strategy for Afghanistan
by Timor Sharan (@TimorSharan)
Diplomatic Engagement with the Taliban: A Path Forward or a Black Hole?
by William Maley (@williammaley1), Farkhondeh Akbari (@FarkhondaAkbar) and Niamatullah Ibrahimi (@IbrahimiNiamat)

Haiti

To Curb Gang Violence in Haiti, Break with Politics as Usual
by Louis-Henri Mars

Podcast: Supreme Court / Ethics

The Just Security Podcast: Supreme Court Ethics 101
Paras Shah (@pshah518) interview with Caroline Fredrickson (@crfredrickson) and Alan Neff (@AlanNeff)

The post Digest of Recent Articles on Just Security (Apr. 15-21) appeared first on Just Security.

The Teixeira Breach: What Top Intelligence and Legal Experts Are Saying

Just Security — Mon, 17 Apr 2023 13:05:15 +0000

[Editor’s note: for further analysis on this topic, see Brianna Rosen’s article here].

The unauthorized disclosure of classified documents from Massachusetts Air National Guard member Jack Teixeira represents a significant security breach for the U.S. Intelligence Community. On Friday, Teixeria appeared before the U.S. District Court for the District of Massachusetts, where he is facing charges for leaking classified information on an online gaming platform.

In the wake of the revelations, Just Security asked top experts and former senior intelligence officials to assess the damage from the Teixeira breach and implications for national security.

Robert Litt, former General Counsel of the Office of the Director of National Intelligence under the Obama administration:

The recent arrest of a 21-year-old National Guardsman for leaking classified documents has raised a number of questions that illustrate the tensions under which the Intelligence Community operates. People have wondered why sensitive information about the Ukraine conflict, Chinese spy balloons, and internal Russian political dynamics was shared with the Massachusetts Air National Guard. But in the aftermath of 9/11, there was tremendous pressure to ease and broaden the flow of intelligence information, both to enable analysts to “connect the dots” and to ensure that agencies charged with protecting national security were fully informed about present and future threats. People have wondered why it took several months after the release of some documents on a social media platform for the authorities to discover them. But privacy and civil liberties concerns appropriately limit the ability of government authorities to monitor postings on social media in the absence of concrete evidence of wrongdoing – particularly social media sites that are not open to the general public. And people have expressed astonishment that, yet again, a leaker has slipped through the security clearance process. Yet with over 1 million people having Top Secret security clearances, even a clearance system that is 99.99% perfect – a degree of perfection that is unimaginable for human processes – there would be over 100 security risks with access to top secret information.

In the aftermath of the leaks, there should be a sober and penetrating review of information sharing, of the number of people with security clearances, of implementation of existing policies regarding “need to know,” and of monitoring of classified systems. But it will be important not to overcorrect and take steps that either burden civil liberties or impede effective intelligence gathering, analysis, and dissemination.

Mary McCord, Executive Director of the Institute for Constitutional Advocacy and Protection (@GeorgetownICAP) and former Acting Assistant Attorney General for National Security at the U.S. Department of Justice:

The Teixeira case raises a number of red flags. First, did Teixeira actually have a “need to know” the information to which he was provided access? Even with the proper clearances, access is supposed to be limited to those with a need to know. Providing technical support to the classified communications systems for the Air National Guard should not establish a need to know the content of the classified information on those systems. The Department of Defense should examine its practices for granting clearances and providing access to highly classified information to those whose jobs are to make sure the computer systems work properly, but who otherwise do not have a need to know the content of the information flowing over those systems.

Second, the casualness with which Teixeira felt he could ignore the lifelong non-disclosure agreements he signed in order to obtain access to highly classified information warrants a review of how the Air National Guard – and the military more generally – trains its members about the importance of complying with classified information procedures, how and to whom the clearances are granted, and how read-ins to special access programs are conducted. This review should also consider the age and maturity of those to whom we are entrusting information which, if disclosed, could cause exceptionally grave harm to our nation’s security. Teixeira’s choice of a gaming platform to make disclosures to a group of boys some of whom may not even have been old enough to enlist in the military, in an apparent attempt to impress them, underscores this point.

Finally, reporting about Teixeira’s racist and anti-Semitic statements and actions, including an alleged video of him shouting these types of statements before shooting a rifle, is reason to review how the Air National Guard – and, again, the military more generally – is recruiting and training its volunteers and enlistees. There is no place in our military for those whose extremist views undermine the mission of the branch in which they seek to serve. The Teixeira case is a wake-up call. Our nation’s security demands that it be heeded.

John Sipher (@john_sipher), 28-year CIA veteran with multiple tours overseas as Chief of Station and Deputy Chief of Station in Europe, Asia, and in high-threat environments:

The recent leak of intelligence relating to the war in Ukraine has provided some interesting – if not surprising – findings. For example, some of the documents have highlighted sensitive signals intelligence that there is increased infighting among Russian military and political officials.

For students of Russia such infighting is nothing new. Even in the best of times, Russian officials seem to be particularly skilled at undercutting each other. Also, over recent years Putin has become adept at using the classic practice of divide and rule. If an official or organization appears to be gaining strength inside the system, they can expect to be cut down to size. Dictators cannot tolerate anyone gaining any kind of authority that might be seen as a political threat.

In such a system (well, in any system), those responsible for military and strategic failures need to shift blame to others. The Kremlin has engaged formal and informal actors, as well as covert and overt units in an effort to destroy Ukraine. All have failed and all need to find a way to cover their backsides.

In normal times, our diplomats and intelligence operatives only gain glimpses of the internal machinations of key Kremlin insiders. Times of war however, provide our intelligence professionals a much wider array of targets to inspect and analyze. Military and political commanders must communicate in a rushed and chaotic manner which allows more opportunities for collection. Indeed, the recent reports of infighting seem to derive from signals intercepts.

While the leak of the intelligence is unfortunate, it is unlikely to lead to a loss of collection across the board. Politicians, commanders, and soldiers cannot easily change their equipment and procedures in a time of war, and the worse things get on the ground, the greater the need to shift the blame to others.

Erik Dahl (@ErikJDahl1), associate professor of national security affairs at the Naval Postgraduate School and faculty member of the Center for Homeland Defense and Security:

This case appears in many ways to be even more dangerous for American intelligence and national security than previous leaks such as Snowden and Manning. From what we know so far, this appears to be a case of a knucklehead with a clearance, and such a person can be much more difficult to detect and track than traditional leakers, who are typically motivated by factors such as ideology, politics, or money.

Counterintelligence efforts can detect internal threats such as leakers at three different stages. First, before the person is granted a clearance and access to secrets, the security investigation and clearance approval process is designed to detect potential danger signs from someone’s past behavior and statements. Second, while the person is working in a position of trust — whether as a member of the military, a civilian employee, or a contractor — there are systems such as periodic clearance reviews designed to spot warning signs that might develop. And third, security systems are in place to detect loss of classified material and other internal threats as soon as possible, in order to contain the threat and identify the persons responsible.

All of these security systems are designed to detect traditional threats, such as insiders who voice extremist or violent views or who communicate with known terrorist groups or foreign security services. And all three of these systems appeared to have failed in this case, in which the offender appears to have been a low-level insider with no ideological or political axe to grind, and who was not motivated by traditional factors such money.

Asha Rangappa (@AshaRangappa_), Senior Lecturer at Yale’s Jackson Institute for Global Affairs and former Special Agent in the New York office of the FBI:

The question that the Texeira case raises is how many cases like his do we NOT know about? Surely he was not the only junior officer in the military who had access to such sensitive material, and he had no problem bringing these documents home. These individuals would be low-hanging fruit for intelligence services seeking to recruit sources; those who might be motivated by financial incentives, rather than narcissism like Texeira, could very well be passing our secrets directly to our adversaries instead of posting them online.

Alex Finley (@alexzfinley), former officer of the CIA’s Directorate of Operations, where she served in West Africa and Europe:

For me, the biggest takeaway is that the government needs to revisit its clearance process and stop handing out Top Secret access like it is candy at Halloween. Getting a clearance has become a bureaucratic process, rather than a common sense process. Issues such as Teixeira’s anti-government views are not likely to manifest themselves on a form, and too many people hold high-level clearances. Lastly, we need to rethink sharing. After 9/11, sharing intelligence widely became a mantra, and rightly so. But perhaps some sharing needs to be reined in.

Image: This photo illustration created on April 13, 2023 in Washington, DC, shows the Discord logo reflected in a screengrab of the suspect, national guardsman Jack Teixeira, being taken into custody by FBI agents in a forested area in North Dighton, in the northeastern state of Massachusetts (Photo by MANDEL NGAN/AFP via Getty Images).

The post The Teixeira Breach: What Top Intelligence and Legal Experts Are Saying appeared first on Just Security.

Just Security, Author at Just Security

Digest of Recent Articles on Just Security (May 29-June 2)

Russia-Ukraine War and Crime of Aggression

Donald Trump Investigations – Classified Documents

Gender Persecution

Autonomous Weapons

Digest of Recent Articles on Just Security (May 20-26)

Racial Justice

Spying / Surveillance

US Treasury – Somalia

Russia-Ukraine War and United Nations

UN – Process for Crimes Against Humanity

Authoritarianism / Democratic Backsliding

Domestic Terrorism – Militias

France – Global Prosecution of War Crimes

Civilian Casualties – Drones

The Holocaust – Bulgaria

Donald Trump Investigations – Manhattan Prosecution

Manhattan DA Trump Hush Money Clearinghouse: All Key Public Documents

Photo credit: Manhattan District Attorney Alvin Bragg speaks at a press conference after the sentencing hearing of the Trump Organization at the New York Supreme Court on January 13, 2023 in New York City. (Michael M. Santiago/Getty Images)

Digest of Recent Articles on Just Security (May 13-19)

Values in Foreign Policy Symposium

US Foreign Policy – Wrongful Detentions

US Foreign Policy – Democratic Promotion

Democratic Backsliding

US-Mexico Border Deployments

Crimes Against Humanity

Racial Justice

Donald Trump Investigations

Spying / Surveillance

Office of Legal Counsel / Transparency

Podcast

Digest of Recent Articles on Just Security (May 6-12)

Russia – Ukraine

Title 42

Turkey Elections

Nicaragua / Authoritarianism

Donald J. Trump Investigations and Trials

Domestic Terrorism / Department of Justice

Department of Homeland Security – Intelligence Activities

Climate Change

Classified Information – Leaks

Podcast

U.N. General Assembly and International Criminal Tribunal for the Crime of Aggression Against Ukraine

Digest of Recent Articles on Just Security (Apr. 29-May 5)

Russia – Ukraine

World Press Freedom Day

Holocaust Remembrance

Sudan

G7 Summit / Nuclear Proliferation

International Law on Space

Russia Election Interference

January 6th

Classified Information – Leaks

Social Media / First Amendment

Podcast

Digest of Recent Articles on Just Security (Apr. 22-28)

Symposium: Values in Foreign Policy / Racial Justice

Great Power Competition – China

Asylum Policy

Guantanamo

United States-Philippines

United Nations / Marine Biodiversity

U.N. General Assembly Reform

Transnational Repression

Digest of Recent Articles on Just Security (Apr. 15-21)

Leaked Intelligence Documents

Espionage Act Investigations

Surveillance Reform

Congress

Sudan Conflict

Russia – Ukraine: International Criminal Court

Iran – United States

Afghanistan

Haiti

Podcast: Supreme Court / Ethics

The Teixeira Breach: What Top Intelligence and Legal Experts Are Saying

Robert Litt, former General Counsel of the Office of the Director of National Intelligence under the Obama administration:

Mary McCord, Executive Director of the Institute for Constitutional Advocacy and Protection (@GeorgetownICAP) and former Acting Assistant Attorney General for National Security at the U.S. Department of Justice:

John Sipher (@john_sipher), 28-year CIA veteran with multiple tours overseas as Chief of Station and Deputy Chief of Station in Europe, Asia, and in high-threat environments: