Covert activity has always been a significant element of international politics. When it has served their interests, governments have secretly disseminated propaganda in other countries, manipulated foreign economies, and abetted coups against their adversaries. What are the circumstances, if any, in which it is lawful, under international law or United States law, to resort to covert action either directly or through local proxies? When is it right to do so? This book is the first to assess the lawfulness of covert action under United States and international law and to face candidly the implications for democratic states that covert operations pose. Michael Reisman and James E. Baker identify different types of covert actions, discussing a variety of cases that include the Trujillo assassination in 1961, the Rainbow Warrior in 1985, and the raid on Libya in 1986. After explaining the complex operations of the international legal system, they explore trends in decision making and the conditions that accounted for them—whether the covert operations were proactive, defensive, or reactive. They examine in detail the procedures followed in the United States to authorize and oversee covert activity and propose guidelines for political leaders who may contemplate using covert techniques. An appendix reviews twenty years of allegations of covert aggression brought to the attention of the United Nations Security Council.

Regulating Covert Action

Baker, James E.

Reisman, W. Michael

Foreign & International Law

Yale University Press

The threat of terrorism places U.S. national security police at the crossroads of security and liberty. This book focuses on the legal issues surrounding the war on terror. This book is essential reading for anyone who wants an honest review of the law and an accessible understanding of how law relates to U.S. national security. This is also a book about national security government and why it is dependent on good process and the moral integrity of those who wield its power. This is at heart a book about the process and practice of government and what we should mean when we refer to "good government."

In the Common Defense: National Security Law for Perilous Times

Business

Cambridge University Press

Assessing the legal and practical questions posed by the use of artificial intelligence in national security matters. The increasing use of artificial intelligence poses challenges and opportunities for nearly all aspects of society, including the military and other elements of the national security establishment. This book addresses how national security law can and should be applied to artificial intelligence, which enables a wide range of decisions and actions not contemplated by current law. James Baker, an expert in national security law and process, adopts a realistic approach in assessing how the law-even when not directly addressing artificial intelligence-can be used, or even misused, to regulate this new technology. His new book covers, among other topics, national security process, constitutional law, the law of armed conflict, arms control, and academic and corporate ethics. With his own background as a judge, he examines potential points of contention and litigation in an area where the law is still evolving and might not yet provide clear and certain answers. The Centaur's Dilemma also analyzes potential risks associated with the use of artificial intelligence in the realm of national security-including the challenges of machine-human interface, operating (or not operating) the national-security decision-making process at machine speed, and the perils of a technology arms race. Written in plain English, The Centaur's Dilemma will help guide policymakers, lawyers, and technology experts as they deal with the many legal questions that will arise when using artificial intelligence to plan and carry out the actions required for the nation's defense.

The Centaur's Dilemma: National Security Law for the Coming AI Revolution

Politics & Social Sciences

Sociology

Brookings Institution Press

Administrative Law

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Books by Baker, James E.