Notices by Lawfare (lawfare@mastodon.social)

Since Russia launched its full-scale invasion in Feb. 2022, Ukrainian courts have sentenced more than 100 Russian military officials in absentia for war crimes. Maya Nicholson explains how these in absentia trials could be in tension with international law. https://www.lawfaremedia.org/article/ukraine-s-precarious-pursuit-of-justice-through-in-absentia-trials

David Mansfield argues that satellite imagery is a critical tool for understanding the origins of conflict and identifying the best policy solutions, using the May 2023 Iran-Afghanistan conflict as a case study. https://www.lawfaremedia.org/article/understanding-conflict-through-satellite-imagery

Today Lawfare is launching a new tracker, Alien Enemies Act Proclamation: The State of Play

The table, created by Roger Parloff, is following challenges to deportations occurring under the Alien Enemies Act invocation.

Find it here: www.lawfaremedia.org/alienenemiestable

Kori Schake argues that pushing military servicemembers to willfully disobey lawful orders they determine are democracy corroding and immoral invites insubordination and ineffectualness. https://www.lawfaremedia.org/article/avoiding-praetorianism-in-civil-military-relations

Earlier this, two federal courts found that President Trump's use of the International Emergency Economic Powers Act to impose tariffs was unlawful.

Watch Scott Anderson and Peter Harrell discuss the rulings, what seems likely to happen on appeal, and more. https://youtu.be/R9QzETI9PvM

On today's Lawfare Daily, Kevin Frazier sat down with Josh Batson to break down two research papers that uncovered some important insights about how advanced generative AI models work and discuss the broader significance of interpretability and explainability research. https://www.lawfaremedia.org/article/lawfare-daily--josh-batson-on-understanding-how-and-why-ai-works

In 1 hour, Benjamin Wittes, Scott Anderson, Anna Bower, Preston Marquis, Roger Parloff, and James Pearce will discuss the legal challenges to President Trump's executive actions, including Harvard's lawsuit, the removal of undocumented immigrants to El Salvador, and more. https://youtube.com/live/sNNS7Wxsstg?feature=share

In Dec. 2020, Estonia announced that three government ministries’ systems were breached; in Aug. 2024, it publicly named Russia as the perpetrator. Stefan Soesanto explores the events leading up to the EU's cyber sanctions package targeting Russia and the case’s potential impact on future sanctions. https://www.lawfaremedia.org/article/inside-the-fourth-eu-cyber-sanctions-package

Beijing’s more quiet military role on the African continent is also more ambitious and sustainable. The U.S. needs to pay attention to the right rival, writes Jason Warner in this week’s Foreign Policy Essay. https://www.lawfaremedia.org/article/china--not-russia--is-the-next-major-u.s.-military-competitor-in-africa

Case Updates:
-Temporary restraining order granted in the suit by a coalition of unions over the firing of probationary federal employees.
- District judge found the firing of Susan Tsui Grudmann from the Federal Labor Relations Authority unlawful.
- TRO denied in the suit from the USADF president.
www.lawfaremedia.org/trumptracker

-A coalition of state AGs sued over plans to reduce the staff of the Education Department by 50%.
-Farms and non-profits focused on the environment sued the Trump administration over the freeze of funds from the USDA appropriated in the IRA.

🚨Tracker Update 🚨
Cases Added:
- The government filed for a stay of the preliminary injunction of President Trump's birthright citizenship order at the Supreme Court.
-The AFGE sued over the cancellation of the collective bargaining agreement with the TSA.

"[T]he withdrawal of the American security umbrella will be a really, really bad thing...These effects will be almost uniformly terrible and will be measured in lost lives and lost freedom of real people."

Benjamin Wittes discusses the betrayal of Ukraine in the Situation. www.lawfaremedia.org/article/the-situation--what-america-stands-for-now

In 30 minutes, Benjamin Wittes will talk to Anna Bower, Roger Parloff, and Quinta Jurecic about the lawsuits targeting various executive actions from the Trump administration. Tune in here: https://youtube.com/live/-bGPR3e3UsU?feature=share

As DOGE-affiliated employees gain access to executive agency databases, they are likely violating the Privacy Act of 1974 by accessing sensitive personal data without any vetting or congressional authorization, writes Danielle Citron. https://www.lawfaremedia.org/article/doge-betrays-foundational-commitments-of-the-privacy-act-of-1974

"[T]he ICC’s problem is architectural: The court has jurisdiction that is unmanageably broad. There remains a narrow but viable pathway toward an approach that both addresses U.S. concerns and yields a more effective form of international justice," writes David Bosco. https://www.lawfaremedia.org/article/court-in-a-storm--israel--the-icc--and-the-trump-administration

It's the "Law and Order: Executive Victims Unit" Edition.

On Rational Security, Scott Anderson, Benjamin Wittes, Molly Reynolds, and Anna Bower talked through another big week of national security news, including the Trump administration's actions to dismantle USAID, fire federal employees, and impound funds, all contrary to statute. https://www.lawfaremedia.org/article/rational-security--the--law-and-order--executive-victims-unit--edition

Despite corruption-focused economic sanctions having substantial advantages, the U.S., EU, and G7 governments have not used them frequently or robustly. Brad Brooks-Rubin and Richard Nephew look at the difficulties officials face when considering corruption sanctions and possible solutions.

https://www.lawfaremedia.org/article/corruption-sanctions-are-worth-the-investment

"Courts should find that allowing Trump to waive his magic sharpie to sign an IEEPA Executive Order imposing tariffs would upset the balance Congress has long sought to strike when it delegates its tariff authority to the president," writes Peter Harrell. https://www.lawfaremedia.org/article/the-case-against-ieepa-tariffs

On Jan. 20, 2025, Donald Trump became the 47th president of the United States and, almost immediately, began signing executive orders on the use of military at the border, suspending enforcement of the TikTok ban, and more.

Find select orders, Lawfare's analysis, and legal challenges to the actions here: https://www.lawfaremedia.org/projects-series/trumps-first-100-days