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The International Law of Intelligence Sharing in Multinational Military Operations: A Primer

The massive airlift by the United States and its allies that followed the Taliban’s victory in the Afghan war had a remarkable feature: the Taliban not only did not interfere with it, but actively assisted it. After two decades of fighting the Taliban, the United States found in them unlikely partners willing to provide, for a limited time, the first line of security in the evacuation effort prompted by their own victory. That cooperation involved daily contacts between the US and the Taliban at various levels, as well as meetings between US generals in the field and the CIA director with Taliban leadership. It also involved the US military sharing intelligence information with its erstwhile adversaries, for the purpose of preventing attacks against the Kabul airport by even more extreme ISIS militants (one of which, on 26 August, tragically got through, killing almost 200 people). As General McKenzie explained at a press briefing: [W]e share versions of this information [about possible threats] with the…

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A Dangerous Convergence: The Inevitability of Mass Surveillance in European Jurisprudence

Recent Grand Chamber judgments in Big Brother Watch and Others v. United Kingdom and Centrum för Rättvisa v. Sweden held that some aspects of the UK’s and Sweden’s domestic surveillance regimes violated Articles 8 and 10 of the European Convention on Human Rights (“ECHR”). Despite the findings of violation…

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The Grand Normalization of Mass Surveillance: ECtHR Grand Chamber Judgments in Big Brother Watch and Centrum för rättvisa

Yesterday the Grand Chamber of the European Court of Human Rights delivered its most important judgments on electronic mass surveillance (or bulk interception) post-Snowden: Big Brother Watch and Others v. the United Kingdom, nos. 58170/13 etc and Centrum för rättvisa v. Sweden, no.

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We need to talk about citizenship, and race

Citizens and unauthorized migrants seemingly stand at opposite ends of the rights spectrum. While citizenship denotes the “fullest” bundle of rights, the legal status of unauthorized migrant generally entails deprivation of most fundamental rights. Most legal and political theorists conceive this relation as a conceptual dichotomy in which the former functions as rhetorical domain of inclusion, of…

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Foreign Cyber Interference in Elections: An International Law Primer, Part II

Part I of this series examined attribution as the first element of cyber election interference as an internationally wrongful act, and then looked at the prohibition of intervention as a possible primary rule that such interference can breach. Now, in Part II, I will examine the possible breaches of the obligation to respect sovereignty and of international human…

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