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Future-Proofing U.S. Laws For War Crimes Investigations In The Digital Era, Rebecca Hamilton Jul 2023

Future-Proofing U.S. Laws For War Crimes Investigations In The Digital Era, Rebecca Hamilton

Articles in Law Reviews & Other Academic Journals

Advances in information technology have irrevocably changed the nature of war crimes investigations. The pursuit of accountability for the most serious crimes of concern to the international community now invariably requires access to digital evidence. The global reach of platforms like Facebook, YouTube, and Twitter means that much of that digital evidence is held by U.S. social media companies, and access to it is subject to the U.S. Stored Communications Act.

This is the first Article to look at the legal landscape facing international investigators seeking access to digital evidence regarding genocide, war crimes, crimes against humanity, and aggression. It …


Letter Form The Editor, Wayne Rash, Iii Jan 2023

Letter Form The Editor, Wayne Rash, Iii

American University National Security Law Brief

In our last issue of The National Security Law Brief, Vol. 13, No. 1, we highlighted the dynamism that makes National Security Law such an exciting field. In this issue, No. 2, we continue with the dynamism theme. National security law is a field in constant change that often leaves us questioning how these changes will shape the law.


The Need For An Australian Regulatory Code For The Use Of Artificial Intelligence (Ai) In Military Application, Sascha-Dominik Dov Bachmann, Richard V. Grant Jan 2023

The Need For An Australian Regulatory Code For The Use Of Artificial Intelligence (Ai) In Military Application, Sascha-Dominik Dov Bachmann, Richard V. Grant

American University National Security Law Brief

Artificial Intelligence (AI) is enabling rapid technological innovation and is ever more pervasive, in a global technological eco-system lacking suitable governance and absence of regulation over AI-enabled technologies. Australia is committed to being a global leader in trusted secure and responsible AI and has escalated the development of its own sovereign AI capabilities. Military and Defence organisations have similarly embraced AI, harnessing advantages for applications supporting battlefield autonomy, intelligence analysis, capability planning, operations, training, and autonomous weapons systems. While no regulation exists covering AI-enabled military systems and autonomous weapons, these platforms must comply with International Humanitarian Law, the Law of …


Hanging In The Balance: An Assessment Of European Versus American Data Privacy Laws And Threats To U.S. National Security, Dara Paleski Jan 2023

Hanging In The Balance: An Assessment Of European Versus American Data Privacy Laws And Threats To U.S. National Security, Dara Paleski

American University National Security Law Brief

Social media has quickly become an integral part of modern-day life, keeping the world connected to friends, family and current events. Social media, and the data collected from it, also play a crucial role in intelligence gathering and the safeguarding of national security. It is estimated that about 80-95% of information that is collected for intelligence missions is found freely throughout the internet or other publicly available sources. This type of information has been dubbed SOCMINT (Social Media Intelligence) and it has become a crucial tool within the intelligence community. After the Edward Snowden leaks in 2013 revealed a global …