This report was produced by a joint Working Group (WG) of the American Physical Society (APS) Panel on Public Affairs and the American Association for the Advancement of Science (AAAS) Center Science, Technology and Security Policy.  The primary purpose of this report is to provide the Congress, U.S. government agencies and other institutions involved in nuclear forensics with a clear unclassified statement on the the state of the art of nuclear forensics; and assessment of its potential for preventing and identifying unattributed nuclear attacks; and identification of the policies, resources and human talent to fulfill that potential.  The WG formally met twice, once in Washington, D.C., and once in Palo Alto, California, to hear presentation from staff of the DOE/NNSA, the DHS, the DOS, the DTRA, and Congress.  The sessions were unclassified, although several members of the WG have access to classified material.

The Iran-United States Tribunal has recently celebrated its 25th anniversary. Although it has resolved all of the cases brought by private claimants, it is still likely to be many more years before the Tribunal is able to complete the remaining government-to-government cases on its docket. There are multiple reasons why so much time will be required: the pending cases are extremely complex, the governments brief them slowly, and the Tribunal's decision-making process itself is slow. There does not for the foreseeable future appear to be an alternative to continued litigation, because the prospects of a global settlement of the remaining claims before the Tribunal are remote. The parties face challenges in developing reasonable assessments of the legal and economic costs and benefits of settlement. Beyond this, the strained political relations between the United States and Iran would make even a legally and economically rationale settlement extremely difficult to achieve. The challenge facing the Tribunal in the remaining years of its existence, in which the Iran and United States are the only parties before it, is to continue to decide cases in a principled fashion on the basis of the law and the facts, and to resist the temptation to reach compromise decisions in the interests of political expediency.

What makes a "war"? Professor Weiner argues that the self-styled "war on terror" launched by the United States against al-Qaeda and other terrorist entities mischaracterizes the nature of the conflict. This mischaracterization is not merely a matter of semantics, but has been used to vest the Executive Branch with substantial legal powers only available in wartime. Although Professor Weiner acknowledges certain important similarities between the "war on terror" and conventional forms of armed conflict, he submits that the Executive Branch has chosen not to accept wartime's legal duties even as it claims wartime rights in the fight against terrorism. Professor Weiner criticizes the Supreme Court's decision in Hamdan v. Rumsfeld that Common Article 3 of the Geneva Conventions applies to the Guantanamo detainees. Although this ruling extended some limited protections to the Guantanamo detainees, it effectively endorses the Executive Branch's assertion of sweeping wartime powers in the fight against terrorism. Finally, Professor Weiner argues that the potentially unbounded character of the conflict against terrorism creates powerful reasons for the Judiciary to apply traditional principles of checks and balances and to limit Executive Branch powers in this new "war on terror."

These days, it's rare to pick up a newspaper and not see a story related to intelligence. From the investigations of the 9/11 commission, to accusations of illegal wiretapping, to debates on whether it's acceptable to torture prisoners for information, intelligence—both accurate and not—is driving domestic and foreign policy. And yet, in part because of its inherently secretive nature, intelligence has received very little scholarly study. Into this void comes Reforming Intelligence, a timely collection of case studies written by intelligence experts, and sponsored by the Center for Civil-Military Relations (CCMR) at the Naval Postgraduate School, that collectively outline the best practices for intelligence services in the United States and other democratic states.

Reforming Intelligence suggests that intelligence is best conceptualized as a subfield of civil-military relations, and is best compared through institutions. The authors examine intelligence practices in the United States, United Kingdom, and France, as well as such developing democracies as Brazil, Taiwan, Argentina, and Russia. While there is much more data related to established democracies, there are lessons to be learned from states that have created (or re-created) intelligence institutions in the contemporary political climate. In the end, reading about the successes of Brazil and Taiwan, the failures of Argentina and Russia, and the ongoing reforms in the United States yields a handful of hard truths. In the murky world of intelligence, that's an unqualified achievement.