CENTER FOR ETHICS AND THE RULE OF LAW​

‘No comparison’ between Israeli and Hamas wartime actions

In a co-authored opinion for Newsweek, Professor Geoffrey Corn, member of CERL’s Advisory Council, addresses how Common Article 3 of the Geneva Conventions applies to the Israel-Hamas conflict, emphasizing the difference between Hamas’ deliberate attacks on and slaughter of civilians and Israel’s military operations that have resulted in civilian harm and death. There is “no […]

Turner elected to NPR Board

NPR has announced the election of Professor Shawn Turner to its board. His three-year term as Member Director will start in November 2024. Shawn Turner is a member of CERL’s Executive Board. He is General Manager of WKAR Public Media, a professor of strategic communication at Michigan State University, and a national security analyst for […]

How to understand the new indictment against Trump in the election case

CERL’s Claire Finkelstein appeared on Al Jazeera to discuss the DOJ’s superseding indictment against Donald Trump in the 2020 presidential election case and how this development might be perceived in the political arena. The revisions addressing the Supreme Court’s immunity ruling are not insignificant, she explains. Claire Finkelstein is the Algernon Biddle Professor of Law […]

FDA decision to reject psychedelic treatment for PTSD is ‘disappointing, but not surprising’

In an opinion for The Hill, Brig. Gen. (ret.) Stephen N. Xenakis, M.D., discusses the Food and Drug Administration’s (FDA) early August rejection of psychedelics to treat post-traumatic stress disorder (PTSD). With the right guidelines and infrastructure in place, midomafetamine (MDMA) treatment could set veterans and other communities suffering from PTSD and related mental health challenges […]

No legal ground for assassination of top Hamas leader

CERL Advisory Council member Mary Ellen O’Connell weighs in on the killing of top Hamas leader Ismail Haniyeh, arguing that such assassinations are outside the bounds of what is legal in armed conflict. Yet countries like Israel, Russia, and the United States continue to engage in targeted assassinations as part of their wartime efforts. Mary […]

Horowitz resumes directorship of Penn’s Perry World House

CERL joins the University community in welcoming Dr. Michael C. Horowitz, member of CERL’s Affiliated Faculty, back to his role as director of Perry World House and Richard Perry professor in the Department of Political Science. Horowitz took a two-year service leave to work for the U.S. Department of Defense in standing up the Emerging […]

CERL affiliates urge Secretary Austin to reconsider his invalidation of the GTMO plea deal

In an opinion for Lawfare, CERL’s Prof. Claire Finkelstein, Alberto Mora, and Brig. Gen. (ret.) Stephen N. Xenakis, M.D., urge Secretary of Defense Lloyd Austin to reinstate the plea deal he revoked just two days after an agreement was reached between U.S. prosecutors and three Guantánamo defendants—Khalid Shaikh Mohammed (KSM), Walid bin Attash, and Mustafa […]

Public perception of IDF campaign against Hamas inconsistent with on-the-ground reality

In a co-authored piece for The Cipher Brief, CERL Advisory Council member Geoffrey Corn and Lt. Gen. (ret.) David A. Deptula discuss insights from a July mission to Israel facilitated by the High Level Military Group to assess the country’s compliance with international law in the ongoing conflict between Israel and Hamas. Contrary to the […]

Diplomatic talks underway as Iran threat looms

General (ret.) Joseph L. Votel, member of CERL’s Executive Board, appeared on Fox News to discuss mitigating the threat of an Iranian attack against Israel in response to the killing of a top Hamas leader, Ismail Haniyeh. Central to the deliberations of Iranian leadership are economic factors, he explains. General Joseph L. Votel, U.S. Army […]

Senior U.S. officials urge diplomatic, not military solutions to Israel-Hamas conflict

The safe return of hostages from Gaza will require diplomatic, not military, efforts, CERL Executive Board member General (ret.) Joseph L. Votel told The New York Times. With Hamas suffering significant blows to its leadership and capabilities, continued Israeli military campaigns would do little to advance wartime objectives but would pose a grave risk to […]

What to expect of an Iranian reprisal

General (ret.) Joseph L. Votel, member of CERL’s Executive Board, appeared on CBC to discuss rising tensions in the Middle East and what might be expected of Iran’s military and Israel’s defense capabilities, as well as how the United States and other actors in the region are likely to respond. General Joseph L. Votel, U.S. […]

Gender parity crucial in emerging technologies field

As advancements in artificial intelligence transform the landscape of warfare, having guardrails in place to protect human rights, especially those focused on gender parity in decision-making, becomes all the more critical. The 25th anniversary of Women, Peace, and Security (WPS) is an occasion to take stock of progress toward greater participation of women in the […]

What Ukraine’s advance into Russia could mean for battlefield outcomes

Drawing from historical examples, the authors of an opinion piece for TIME­—among them Lt. Gen. (ret.) James Clapper, Emeritus member of CERL’s Executive Board—discuss how Ukraine’s assault on Russia could mark a turning point for the two-year war. The campaign by Zelenskyy could serve to advance morale, shake up Russia’s allocation of resources and troops, […]

Judge’s decision to rule Trump special counsel appointment unconstitutional is ‘profoundly wrong’

CERL’s Claire Finkelstein spoke with media about U.S. District Judge Aileen Cannon’s ruling to dismiss Special Counsel Jack Smith from former President Donald Trump’s classified documents case. Cannon, who was appointed to the bench by Trump, issues her ruling following Judge Clarence Thomas’s recent assertion that the appointment of Smith was unconstitutional: “This stems from […]

Trump shooting presaged by ‘increase in violent rhetoric’ at US political events

CERL’s Professor Claire Finkelstein spoke with Australian Broadcasting Corporation about the recent assassination attempt on former President Trump, and the spike in violent rhetoric at U.S. political events: “We have seen an increase in violent rhetoric around political events of all sorts, and the irony is that President Trump himself has fomented some of this […]

‘Chutkan Has Discretion in Trump Immunity Case. She Should Use It’

In an essay for Bloomberg Law, CERL’s Professor Claire Finkelstein and Professor Richard W. Painter of the University of Minnesota review the Trump immunity case, emphasizing how the immunity ruling has upset checks and balances, but judges retain a role: “Can anything blunt the edge of this decision in Trump v. United States? To address […]

O’Connell weighs in as Chinese student pleads guilty to violating U.S. espionage act

CERL Advisory Council member Mary Ellen O’Connell recently spoke with media about Shi Fengyun, the 26-year-old Chinese student who plead guilty to misdemeanor espionage charges on Monday for taking photographs of U.S. military infrastructure using a drone. Although accidentally capturing photos of military installations while flying a drone isn’t usually persecuted to this degree, O’Connell […]

Term limits and Court expansion: Roosevelt on SCOTUS and Project 2025

CERL Affiliated Faculty member Kermit Roosevelt spoke with MSNBC about the dire ethics and ultraconservative supermajority of the Supreme Court, and the Republican plan to use the Heritage Foundation’s Project 2025 playbook to prepare for a possible second Trump term: “The only way to take the Supreme Court back in the near term is actually […]

Supreme Court’s Trump immunity decision a ‘blow against accountability for presidents’

CERL’s Professor Claire Finkelstein spoke with media about the Supreme Court’s recent decision to grant former President Donald Trump partial immunity from criminal prosecution on interference charges. The decision, which has essentially “eliminated judicial review for a whole set of presidential actions,” could be disastrous for the accountability of future presidents. Finkelstein asserts that, according to […]

‘Worst-case scenario’: Finkelstein on Trump’s partial immunity

CERL’s Professor Claire Finkelstein spoke with media about the U.S. Supreme Court’s decision on Monday to grant former President Donald Trump partial immunity from criminal prosecution on interference charges. “I believe that this decision is going to go down in the history of the United States Supreme Court as among its worst decisions ever — right there […]

An argument for the incarceration of Trump

In an essay for Just Security, CERL 2024 summer intern Alexandra Herrera — together with co-authors Norman L. Eisen, Samara Angel, and Riley Pynnonen — present a survey of sentences for falsifying business records in the first degree, and argue that Donald Trump should receive a sentence of incarceration following his conviction. As Trump’s 34 […]

Assange has ‘paid his dues’

CERL Executive Board Emeritus member James Clapper speaks with CNN about the recent plea deal of WikiLeaks founder Julian Assange, and it’s reception among the national security community. Clapper served as director of national intelligence in 2010 when WikiLeaks released classified military and intelligence documents. “I think critical to this was his plea of one […]

‘A great deal for both sides:’ Zaid on the plea deal of Julian Assange

CERL Executive Board member Mark Zaid spoke with John Vause of Chattanooga Local 3 News in light of whistleblower Julian Assange’s recent agreement to a plea deal on Monday. Assange, whose plea deal could allow him to avoid prison time in the U.S. with time served, spent $500,000 to travel to remote U.S. territory Saipan […]

A U.S.-Saudi defense pact is mutually vital

CERL Executive Board member Joseph Votel spoke with Al Majalla about the changing nature of war, terrorists’ use of technology, and the role of the U.S. in the Middle East. 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 […]

The U.S. military’s suicide crisis

A new article from Janet Reitman of the New York Times sheds light on the suicide crisis among U.S. soldiers during peacetime, elucidated by the suicide death of active-duty Army soldier Austin Valley. CERL Executive Board member Stephen Xenakis is quoted, discussing how the Army’s operational tempo remains high and it has managed to maintain […]

Jonas breaks down why the AUKUS deal was inevitable

For the Washington Times, CERL Advisory Council member David S. Jonas weighs in on the inevitability of the Australia-United Kingdom-United States alliance (AUKUS), and Australia’s recent decision to acquire nuclear submarines from the U.S. and the U.K. after canceling a significant contract with France. Jonas, with co-author Patrick Rhoads, note that an initially surprising decision […]

CERL intern receives the Sharon Greene Award for Campus Advocacy

CERL 2024 summer intern Noa Fay received the Sharon Greene Award for Campus Advocacy at a recent ceremony. Alongside two other student leaders, Fay was recognized for her commitment to fighting anti-Jewish hate and the impact she has made on behalf of her peers, including addressing a crowd of nearly 300,000 at the March for […]

A 2024 assessment of threats from DHS

CERL Executive Board member Harvey Rishikof recently moderated a talkback which highlighted some of the Department of Homeland Security’s (DHS) key insights from the 2024 Homeland Threat Assessment, addressing threats like foreign and domestic terrorism, immigration, cyber attacks, and the leveraging of AI technologies to create and spread disinformation. The event, hosted by the Standing […]

ICC arrest warrant request calls into question ‘the credibility of the court’

In an opinion piece for the Cipher Brief, CERL Advisory Council member Geoffrey Corn weighs in on the wisdom behind ICC Prosecutor Karm Khan’s recent request to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant. Geoffrey S. Corn is the George R. Killam, Jr. Chair of Criminal Law and […]

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ICC arrest warrant request calls into question ‘the credibility of the court’