CENTER FOR ETHICS AND THE RULE OF LAW​

The challenging landscape Israel faces

In an opinion for The Washington Post, CERL Executive Board member General Joseph Votel discusses lessons learned from U.S. military operations in Fallujah, Mosul and Raqqa and how they can be applied to the Israel-Hamas war. Urban combat involving the presence of sophisticated tunnel networks, concentrated numbers of civilians, and hundreds of hostages will prove […]

Why Biden should call for an immediate ceasefire

A state resorting to use of force must comply with the international laws governing armed conflict. In an opinion for CNN, CERL Advisory Council member Mary Ellen O’Connell argues the United States has an opportunity and an obligation to press for greater adherence to the law of war, including by calling for an immediate ceasefire […]

Obstacles facing renewal of FISA Section 702

Absent reauthorization by Congress, Section 702 of the Foreign Intelligence Surveillance Act (FISA) will expire at the end of 2023. In a new article for the Journal of National Security Law & Policy (JNSL&P) (Vol. 14, No. 1), CERL Advisory Council member George Croner discusses the scope, history, and importance of the foreign intelligence program, […]

Considerations in Israel’s ongoing ground offensive

CERL Executive Board member General Joseph Votel joined NBC News to discuss Israel’s offensive operations, the explosions and flares over Gaza, and the importance of the “information domain” in warfare. General Joseph L. Votel, U.S. Army (Ret.) is the former Commander of the U.S. Central Command. He is a Distinguished Senior Fellow on National Security […]

New edited volume pools expertise on the science of interviewing

A new volume edited by Gavin E. Oxburgh, Trond Myklebust, CERL Advisory Council member Mark Fallon, and Maria Hartwig addresses how the science of interviewing has changed and grown since World War II. The book, entitled Interviewing and Interrogation: A Review of Research and Practice Since World War II, includes 24 chapters authored by over […]

UN approves manual aimed at improving interviewing techniques

The United Nations held a validation ceremony on Nov. 1 for the UN Manual on Investigative Interviewing for Criminal Investigation, which offers guidance on how to conduct non-coercive interviews globally and particularly in conflict or post-conflict settings. CERL Advisory Council member Mark Fallon presented at the ceremony alongside other distinguished speakers, including Prof. Juan E. […]

9/11’s lessons for Oct. 7 attack by Hamas on Israel

In a piece for EJIL:Talk! Blog of the European Journal of International Law, CERL Advisory Council member Mary Ellen O’Connell uses the case of 9/11 to examine the legality of launching a ground invasion after an act of terrorism. She argues that even when Article 51 of the United Nations Charter permits the use of […]

Pursuing mental health solutions for Veterans

CERL Executive Board member Brig. Gen. (Ret.) Stephen N. Xenakis, M.D., appeared on KCSA’s The Green Rush podcast to discuss his career in the military and psychiatry, how the American Psychedelic Practitioners Association (APPA) is shaping practice guidelines for professionals administering psychedelic-assisted therapy, and the obligation to find mental health solutions for the Veteran community. […]

Critical issues in the conflict between Israel and Hamas

CERL Executive Board member General Joseph Votel joined CBS News correspondent Catherine Herridge to discuss the importance of protecting U.S. national interests in the Middle East, the challenges of and approaches to urban warfare in places like Gaza, and the need for humanitarian planning and mobilization, among other issues in the Israel-Hamas war. General Joseph […]

General Votel addresses operations in the Middle East on “Face the Nation”

CERL Executive Board member General Joseph Votel joined Margaret Brennan of CBS News’ Face the Nation to discuss the attacks on U.S. forces in Iraq and Syria, the IDF’s operational objectives in Gaza, and the risk of violence in the West Bank. General Joseph L. Votel, U.S. Army (Ret.) is the former Commander of the […]

The question of who bears responsibility in the Israel-Hamas war

As leaders in the Israel Defense Forces prepare for combat operations in Gaza, they are taking care to reduce civilian harm as obligated by the laws of war, according to an opinion for Newsweek by CERL Advisory Council member Geoffrey Corn. In examining the tactical and legal landscape of the conflict, Prof. Corn problematizes the […]

How Hamas tunnels will impact warfighting

The Israel Defense Forces announced last week a strike on a Hamas sea tunnel that provided entry to Israel. CERL Executive Board member General Joseph Votel is quoted in The New York Times discussing how the intricate web of tunnels under Gaza will prove challenging for an Israeli ground invasion. General Joseph L. Votel, U.S. […]

Ethical and legal questions in the Israel-Hamas war

The ongoing conflict between Israel and Hamas raises critical ethical and legal questions. In a panel discussion hosted by Perry World House, CERL’s Prof. Claire Finkelstein joined David Enoch of Tel Aviv University to discuss how the law of armed conflict governs wartime actions. The conversation was moderated by Michael Weisberg, interim director of Perry […]

Why equality of condemnation in war does not translate to fairness

In an opinion for Smerconish.com, CERL Advisory Council member Geoffrey Corn cautions against the instinct to condemn both sides in the Israel-Hamas war, arguing that equal condemnation creates a false parity between “incidental” and “intentional” civilian harm. Fairness, he asserts, is using credible evidence and accurate applications of the rule of law to assess the […]

The need for a U.S. response to attacks on U.S. troops in Iraq and Syria

CERL Executive Board member General Joseph Votel participated in an on-the-record briefing, organized by the Middle East Institute, on the potential Israeli ground invasion. Among the topics addressed was the rise in attacks by Iranian proxies against U.S. troops in Iraq and Syria. General Votel’s comments urging a U.S. response to these attacks appeared in […]

Special counsel rejects Trump’s immunity defense, cites Prof. Finkelstein

Prosecutors in the office of the special counsel have rejected the presidential immunity defense raised by former President Donald Trump and his lawyers in an attempt to dismiss election interference charges. The 54-page filing, which asserts that a former president is “not above the law,” cites a law review article by CERL’s Prof. Claire Finkelstein […]

The difficulty of an Israeli ground incursion

CERL Executive Board member General Joseph Votel told the Washington Examiner the absence of an Israeli offensive into Gaza is suggestive of how challenging the terrain is with the ongoing hostage situation and large numbers of civilians in areas where Hamas operates. General Joseph L. Votel, U.S. Army (Ret.) is the former Commander of the […]

Strategic considerations in the Israel-Hamas war

CERL Executive Board member General Joseph Votel appeared on Fox News to discuss how the United States is supporting Israel in response to the attacks by Hamas, and how Hezbollah’s involvement could change Israel’s military and strategic calculations. General Joseph L. Votel, U.S. Army (Ret.) is the former Commander of the U.S. Central Command. He […]

Reclaiming the rule of law in international conflicts

CERL Advisory Council member Mary Ellen O’Connell joined June Grasso of Bloomberg Law to explain the international legal frameworks governing conflicts such as the Israel-Hamas war and the Russia-Ukraine war. Under the principle of necessity, she asserts, Hamas did not have the legal right to attack Israelis, and Israel will be limited in how it […]

Director Clapper addresses comparisons between the Hamas attack and 9/11

In a segment on CNN, CERL Executive Board Emeritus James Clapper explained why he believes the analogy between the Oct. 7 attack by Hamas on Israel and the Sept. 11, 2001, attacks on the United States is fitting. Lt. Gen. Clapper (Ret.) is an emeritus member of the CERL Executive Board. He served as the […]

Applying international criminal law to the Israel-Hamas war

In a piece for Opinio Juris, CERL Executive Board member Jens David Ohlin provides a legal assessment of the attacks by Hamas on Israel, demonstrating how the targeting of civilians, killings, and taking of hostages by Hamas not only constitute war crimes, but also crimes against humanity and genocide. He also makes clear that all […]

Eastman trial could shape disciplinary standard for lawyers

Attorney John Eastman, who played a central role in former President Donald Trump’s attempts to overturn the presidential election, is on trial before the California State Bar for alleged disciplinary violations. CERL Faculty Director Claire Finkelstein told Bloomberg Law the case will encourage lawyers to proceed with greater caution. The article cites a 2021 complaint, […]

Critical issues in the FISA Section 702 renewal debate

Absent congressional approval, Section 702 of the Foreign Intelligence Surveillance Act (FISA) will expire at the end of calendar year 2023. CERL Advisory Council member George Croner joined the inaugural episode of the Foreign Policy Research Institute’s Overheard podcast to explain the origins of the foreign intelligence surveillance program and why it is so critical […]

Celebrating new volume, Ethical Dilemmas in the Global Defense Industry

George Washington Law’s Government Procurement Law Program, together with the Defense Industry Initiative on Business Ethics Conduct, hosted an event last month on the new release of Ethical Dilemmas in the Global Defense Industry. The volume is the eleventh in a series between CERL and the Oxford University Press designed to address abiding questions at […]

How climate disclosure laws are changing

Gov. Gavin Newsom set a new standard for corporate climate disclosure when he signed on Oct. 7 new laws requiring that large businesses disclose climate-related risks and greenhouse gas emissions. CERL Affiliated Faculty Eric Orts joined Wharton Business Daily to discuss these new developments and how state legislation could impact the national regulatory landscape. Eric […]

General Votel reacts to Hamas attack on Israel

CERL Executive Board member General Joseph Votel, along with several other experts from the Middle East Institute, issued a reaction to the Hamas attack on Israel. General (Ret.) Joseph L. Votel is the former Commander of the U.S. Central Command and a retired U.S. Army Four-Star General. He is also a member of the CERL […]

Director Clapper addresses Trump’s sharing of sensitive nuclear sub data

ABC News reporting revealed that former President Donald Trump allegedly shared sensitive U.S. nuclear submarine information with a foreign businessman at Mar-a-Lago. CERL Executive Board Emeritus James Clapper joined Wolf Blitzer on CNN to discuss just how serious this infraction could be for national security, if true. Lt. Gen. Clapper (Ret.) is an emeritus member […]

The future of corporate climate disclosure

Governor Gavin Newsom recently signed into law a series of bills that will require large California companies to disclose greenhouse gas emissions and efforts to manage climate risks. In a co-authored opinion for The Hill, CERL Affiliated Faculty Eric Orts discusses how the passage of these laws and new regulations in the European Union are […]

Evaluating the PCLOB’s recommendations to amend FISA Section 702

The Privacy and Civil Liberties Oversight Board (PCLOB) released on Oct. 5 a report on Section 702 of the Foreign Intelligence Service Act (FISA) including a comprehensive analysis of the current program and a set of 19 recommendations to address privacy and civil liberties concerns. In an opinion for Just Security, CERL Advisory Council member […]

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Evaluating the PCLOB’s recommendations to amend FISA Section 702