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National Security Agency director Robert O’Brien, 2020
U.S. fantasies of expansion, commercial dominion, and military prowess have long hinged on a premise of Pacific exceptionalism. Couched in the millenarian language of manifest destiny, the Pacific region and its multitudinous ecosystems, cultures, peoples, and nations have been vacated in favor of an
aqua nullius that frames the region as an empty space designated for U.S. possession by divine providence.
This manufactured Pacific
idea what David Palumbo-Liu describes as a “repository of the American imaginary” has borne many names.
3 Amid the nineteenth-century annexation of Hawai‘i and the colonization of the Philippines, politician Whitelaw Reid heralded the ultimate conversion of the Pacific into an “American Lake.”
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The country has manipulated rules of engagement to serve its colonialist project in Palestine. Legal scholars must face this fact head on.
In an article published last winter in the
Harvard International Law Journal, legal scholar Naz K. Modirzadeh criticizes contemporary scholars working on the laws of war for their “distanced, remote, and abstract” work. Often devoid of both political context and historical background, such scholarship, Modirzadeh laments, often makes “no reference to . . . people, to their experience of war, to our political responsibility for the war they [live] through, or to our fundamental and simple sense of how international law did and should see them.” Instead, Modirzadeh implores scholars to engage in “passionate” writing that “reflects a kind of moral situatedness, a willingness to take seriously the professional ethics and moral agency of writing about international law and war to audiences that have power to make decisions a
Dr. Asaf Lubin is an Associate Professor of Law at Indiana University Maurer School of Law and a Fellow at IU’s Center for Applied Cybersecurity Research (CACR). He is additionally an affiliated fellow at Yale Law School’s Information Society Project, a Faculty Associate at the Berkman Klein Center for Internet and Society at Harvard University, and a visiting Scholar at the Hebrew University of Jerusalem Federmann Cyber Security Research Center.
Dr. Lubin’s research centers around the intersection of law and technology, particularly as it relates to the regulation of cybersecurity harms, liabilities, and insurance as well as policy design around governmental and corporate surveillance, data protection, and internet governance. His work draws on his experiences as a former intelligence analyst, Sergeant Major (Res.), with the IDF Intelligence Branch as well as his vast practical training and expertise in national security law and foreign policy. Dr. Lubin’s work additionally