Aug. 30, 2016

Cross-Functional Teams in Defense Reform: Help or Hindrance?

On May 12, 2016, the Senate Armed Services Committee (SASC) announced its markup of the National Defense Authorization Act (NDAA) for fiscal year 2017. Committee chairman John McCain (RAZ) stated that the bill “contains the most sweeping reforms of the organization of the Department of Defense [DOD] in a generation.” The House Armed Services Committee version of the NDAA contained fewer reforms, but the committee emphasized that reform was necessary because “security challenges have become more transregional, multi-domain, and multi-functional. . . . U.S. superiority in key warfighting areas is at risk with other nations’ technological advances; and . . . [DOD] lacks the agility and adaptability necessary to support timely decisionmaking and the rapid fielding of new capabilities.”

March 1, 2014

Targeted Killing of Terrorists

The struggle against terrorism—more specifically, the effort to prevent terrorist attacks—has raised difficult legal and policy issues including so-called targeted killing, or the killing of specific individuals because of their involvement in terrorist organizations and operations. As we shall see, this form of targeted killing involves domestic and international legal authorities and policy and prudential issues. A substantial number of countries confronting what they consider to be terrorist attacks and threats engage in targeted killings. Each has to resolve questions about authorities and prudence because, while terrorists are always criminals, they also may be lawful military targets. The dual character of terrorists leads to the conclusion that, as a matter of policy, a state should weigh the totality of the circumstances and conclude that no other action is reasonable to prevent a terrorist attack before engaging in the targeted killing. Careful analysis in advance may preempt problems later.