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10 Jun 2012, 4:39 pm by Benjamin Wittes
” Though the program was covert, Emanuel pushed the CIA to publicize its covert successes. [read post]
3 Oct 2011, 9:39 am by Kenneth Anderson
” in an era of debt downgrades, seccesionist conflicts, and covert military operations — and will be followed by a free wine and cheese reception. [read post]
3 Oct 2011, 9:43 am by Kenneth Anderson
State Department Legal Adviser Harold Koh will give a keynote talk at 1:30 p.m. on Friday, after a free buffet lunch in the atrium, on “International Lawyering for the U.S. in an Age of Smart Power. [read post]
20 Dec 2011, 4:04 pm by Kenneth Anderson
The idea that covert action has jus in bello rules applicable to it is, after all, a new development all its own, at least to judge by how states have traditionally understood the conduct of their state covert forces in the past (rules? [read post]
3 Mar 2012, 5:22 pm by Kenneth Anderson
Harold Koh has taken some important steps forward in that direction; likewise John Brennan and most recently DOD General Counsel Jeh Johnson.   [read post]
23 May 2011, 10:28 pm by Marty Lederman
Finally, this past Thursday, State Department Legal Adviser Harold Koh provided a more detailed legal explanation here at Opinio Juris. [read post]
29 Nov 2010, 8:54 pm by Juliana
In the United States, generally publishing classified information is not a crime, though news organizations can be prosecuted for publishing the identities of covert agents, nuclear secrets, and certain communications intelligence such as cryptography, signals communication intelligence, or interception of foreign governments’ communications. [read post]
15 Oct 2011, 12:38 pm by Kenneth Anderson
 I have sometimes referred to this as developing state practice with regard to “intelligence-driven uses of force” that do not fall under conventional armed conflict — state practice and articulated legal rationales governing (colloquially) extraterritorial “covert action,” even if it is not in fact very covert. [read post]
15 Oct 2011, 12:29 pm by Kenneth Anderson
 I have sometimes referred to this as developing state practice with regard to “intelligence-driven uses of force” that do not fall under conventional armed conflict — colloquially, state practice and articulated legal rationales governing extraterritorial “covert action,” even if it is not in fact very covert. [read post]
4 Mar 2012, 9:42 am by Kenneth Anderson
Harold Koh has taken some important steps forward in that direction; likewise John Brennan and most recently DOD General Counsel Jeh Johnson. [read post]
24 Apr 2014, 4:37 am by Jane Chong
As Jack pointed out back in 2011, it would be unlawful and diplomatically problematic for the Executive “to maintain technical covertness but then engage in continuous leaks, attributed to government officials, of many (self-serving) details about the covert operations and their legal justifications. [read post]
3 Jun 2010, 9:37 am by Kenneth Anderson
There are important US policy questions regarding whether the CIA should limit itself to self-defense actions involving covert action and intelligence-driven targeted killing, and leave the use of drones in conventional, overt conflict, but its participation is lawful. [read post]
3 Mar 2012, 5:22 pm by Kenneth Anderson
Harold Koh has taken some important steps forward in that direction; likewise John Brennan and most recently DOD General Counsel Jeh Johnson. [read post]
17 Sep 2011, 11:03 am by Keith Gerver
Anderson then speaks “in praise of Harold Koh,” which he notes might be surprising to some. [read post]
26 May 2018, 6:01 am
Non-Proliferation Law as a Special Regime: A Contribution to Fragmentation Theory in International Law (Cambridge University Press, 2012).Krent, Harold J. [read post]
20 Oct 2011, 12:25 pm by Kenneth Anderson
From where I sit, this looks dubious; and I have suggested that we need reforms to our accountability and oversight regimes to encompass more than simply covert-not covert. [read post]
19 Apr 2023, 5:57 am by David Aaron
(This was discussed, for example, in the government’s brief in the prosecution of Harold T. [read post]
28 May 2013, 5:08 am by Jack Goldsmith
  (A good place to begin, and indeed a book devoted in large part to establishing a congressional legal framework to check unilateral self-defensive presidential uses of force, and excessive reliance on covert action, is Harold Koh’s The National Security Constitution.) [read post]
1 May 2010, 8:10 pm by Kenneth Anderson
In part, it sought to figure out what this debate meant following DOS Legal Adviser Harold Koh’s statement on drones at the ASIL meeting on March 25. [read post]
24 Apr 2015, 10:29 am by Sebastian Brady
Ben shared another of the responses he’s received to his note on the Harold Koh incident. [read post]