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State Repression

Merging the Law of War with Criminal Law

France and the United States

To support the “war on terrorism,” the concept of war has been introduced into the criminal code of all Western countries. This is the first step on the way to a merger between criminal law and the law of war. Massive spying by the secret services of a country on its citizens has today become the norm. The Snowden revelations on the operations of the NSA have only brought to light a widespread surveillance that is already legalized.… Despite the prominence given to the practices of U.S. intelligence agencies and the resulting indignation in France, the French parliament just adopted a military planning law that includes measures allowing practices similar to those of the NSA, specifically massive spying by intelligence agencies on citizens. | more…

The National Security State

The End of Separation of Powers

On March 11, 2014, Senator Dianne Feinstein went to the U.S. Senate floor to announce that the CIA had sought to sabotage a Senate Intelligence Committee investigation of torture and unlawful detention.… Already, government lawyers had convinced courts that there should be no judicial review of torture and unlawful detention. Such review, it was argued, was beyond the competence of judges, and the executive branch of government needed unfettered discretion to deal with national security threats.… The net result is that the CIA, the NSA, and all the other executive branch agencies engaged in surveillance, detention, torture, rendition of suspects, and even targeted killings by drone strike have claimed immunity from accountability by either of the two other branches—legislative and judicial. What they have done, why they have done it, and why their actions are or are not lawful—all of this has retreated behind a wall of secrecy. The claim made by government lawyers that there has been and will be legislative oversight turns out to be false. | more…

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