Since the last decade of the twentieth century the number of international and transnational judges has burgeoned. There are now in excess of 100 international courts and tribunals, with thousands of international judges who sit on them. They come from all corners of the globe and bring with them the experience of many systems of justice.

The global refugee regime encompasses the rules, norms, principles, and decision-making procedures that govern states' responses to refugees. It comprises a set of norms, primarily those entrenched in the 1951 Convention relating to the Status of Refugees, which defines who is a refugee and the rights to which such people are entitled. It also comprises an international organization, the Office of the United Nations High Commissioner for Refugees (UNHCR), which has supervisory responsibility for ensuring that states meet their obligations toward refugees.

It might seem an American Dream come true: About 100 Massachusetts Institute of Technology professors, ten at a time, are managing five laboratories stocked with “totally state-of-the-art equipment” in a gleaming new tower on the National University of Singapore campus. As the New York Times reports, the campus houses the Singapore-MIT Alliance for Research and Technology and other projects, involving “world-class universities from Britain, China, France, Germany, Israel and Switzerland.” The MIT professors and their forty PhD and postdoctoral researchers are designing “myriad innovations”: driverless cars that would respond to “killer app” sensors throughout Singapore; stingray-like robots that will collect ocean-bottom data to fight noxious algae; and technologies that will track infectious diseases, energy consumption, and other movements in this tightly run, wealthy city-state of 5.4 million people.

The first thing you notice is the darkness. Monrovia, Liberia's capital, is an hour from the airstrip, and other than the occasional dimly lit chop-hut serving rice and fish, the way into the city is obscure. One is almost tempted to idealize this perfect darkness and its accompanying quiet as pristine elemental beauty, rather than what it really is: the wreckage of a disaster whose depths, as Ryszard Kapuściński writes, “condemned some to death and transformed others into monsters.”

Now that the uproar provoked by the disclosure of the National Security Agency's (NSA) surveillance programs has lessened, and the main protagonists, Edward Snowden and Glenn Greenwald, have had a chance to make the case for their actions, we are in a position to evaluate whether their disclosure and publication of communications intelligence was justified. To this end, this essay starts by clarifying the history, rationale, and efficacy of communications surveillance. Following this I weigh the arguments against surveillance, focusing in particular on the countervailing value of privacy. Next I explain why state secrecy makes it difficult for citizens and lawmakers to assess the balance that officials are striking between security and privacy. Finally, I turn to consider whether the confounding nature of state secrecy justifies Snowden's and Greenwald's actions. I conclude that their actions are unjustified because they treat privacy and transparency as trumps. Consequently, their actions embody a moral absolutism that disrespects the norms and procedures central to a constitutional democracy.

From November 26 to 29, 2008, ten heavily armed members of Lashkar-e-Taiba (LeT), a Kashmiri separatist group, attacked several public sites in Mumbai, India, with automatic weapons and grenades, killing 164 people and wounding three hundred. This was one of the first known instances of terrorists employing powerful search algorithms such as Twitter's or the link analysis used in Google's PageRank system, which allowed LeT members to access information from massive data pools in real-time. During the attacks, an LeT operations center based in Pakistan communicated with the terrorists via sattelite and GSM phones to provide them with open-source intelligence. From the operations center, LeT members data mined the Internet and social media, tapping into the power of Big Data to provide the attackers with an intelligence advantage over Indian law enforcement agencies. The attackers were thereby kept up to date on the status of the Indian government's response and even received personal profiles of the hostages they took in the Taj Mahal Palace hotel.

From a moral standpoint, lethal drones are intrinsically no worse as a means of warfare than bombing or sending commandos to kill enemies. From the perspective of their users, they have six major advantages over more conventional weapons: they are often cheaper; their use can be more readily concealed; they allow for more precise targeting, with the potential for less “collateral damage”; their use can involve less serious infringements of sovereignty than invasion by troops; and they may be less likely to provoke widespread hostile reactions by the population of the country in which they are used than military operations involving troops on the ground. But these advantages generate three major risks: of violating sovereignty, of over-using the military option, and of making it more difficult to identify violations of constraints against targeting noncombatants. To deal with these risks, a Drone Accountability Regime is needed that imposes obligations on states, which in turn would be required to impose them on their agents. Since it would be infeasible to negotiate a treaty-based legal regime at present and for the foreseeable future, the Drone Accountability Regime should be informal and should involve transnational actors as well as states. Its key principle should be transparency, helping enable civil society to hold states accountable, and its central agent would be an Ombudsperson with broad authority to investigate situations and publicize her findings. No institution can ensure that states, or operators, are held fully accountable to appropriate standards of conduct, but such a regime could increase the degree of accountability for the use of lethal drones.

Ten years since its adoption by the UN General Assembly, the Responsibility to Protect (RtoP) has become an established international norm associated with positive changes to the way that international society responds to genocide and mass atrocities. In its first decade, RtoP has moved from being a controversial and indeterminate concept seldom utilized by international society to a norm utilized almost habitually. This is an assessment that stands in contrast to the widespread view that RtoP is associated with “growing controversy,” but is one that rests on evidence of state practice.

Why, despite well-established and well-publicized intergovernmental processes that date back to the early 1970s, have we been unable to put in place effective mechanisms to combat climate change? Why, despite the existence of extensive global human rights machinery, do we live in a world where mass kidnapping, rape, torture, and murder continue to blight the lives of so many? Why, despite a great deal of effort on the part of intergovernmental organizations (IGOs) and nonstate actors, have we been unable to make much of a difference to the lives of the ultra-poor and attenuate the very worst aspects of growing global inequalities? Most fundamentally, why have the current international system and the outcomes that it has produced remained so inadequate in the postwar period?

The last resort criterion has a hallowed place in the just war theory tradition. Many leading just war theory scholars accept it as a jus ad bellum requirement and some powerful politicians reference it. While there are several versions of last resort, many take it to mean that peaceful options that have a reasonable chance of achieving a just cause must be exhausted before the use of force is permissible. Its justification is straightforward and commonsensical: war is terrible, inevitably results in the deaths of numerous innocents and destruction of their property, and thus should be avoided whenever possible. I argue that last resort should be dropped from the just war tradition because its inclusion in the just war tradition can result in a greater number of harms to innocents than if the precept did not exist. What should matter morally is the severity and numbers of harms inflicted on innocents, not whether those harms are inflicted violently or nonviolently. I suggest that in the context of achieving a just cause, the only actions that are permissible are those that are likely to inflict the fewest morally weighted harms and that meet the other just war theory precepts (excluding last resort). Three accounts of last resort do not permit this, whereas while a fourth does, it is redundant with an important account of the jus ad bellum proportionality precept. Thus violent policies may be preferable in some rare circumstances to nonviolent alternatives such as non-targeted sanctions and negotiations because nonviolent policies sometimes are more likely to foreseeably and avoidably result in far greater harms to innocents than violent options.