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Over at the Volokh Conspiracy, Lawfare book review editor Ken Anderson makes this point about State Department Legal Adviser Harold Koh's absence from the current public discussions of the legality of th...
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CNN has posted the English text of the Al Qaeda statement on Osama Bin Laden's death. It's worth a read. The Arabic original is available here.
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Matt Waxman (Columbia) has a terrific paper, National Security Federalism in the Age of Terror, forthcoming in Stanford Law Review. Here is the abstract:
National security law scholarship tends to focus...
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Ashley Deeks (formerly from State Department L (political-military affairs), currently a fellow at Columbia) has posted "Pakistan's Sovereignty and the Killing of Osama bin Laden." Ashley is as sharp as...
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I noted yesterday that the United States may have resumed using lethal force against AQAP targets in Yemen. Now, it appears, drone strikes seem also to have resumed in North Waziristan, in this case pos...
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Why on earth would the chairman of the House Intelligence Committee say this?
Other gleanings from the roughly 100 pieces of computer gear seized Sunday included possible leads on the whereabouts of othe...
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With all the was-it-legal-to-kill-UBL talk, I'm a bit surprised that this morning's news out of Yemen is getting so little attention. Jeb Boone at the Washington Post reports that a missile struck a veh...
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Gabor Rona of Human Rights first has this piece on the legality of the Bin Laden operation. While Gabor is more tentative in his conclusion than I am, I largely agree with this analysis, including his an...
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Analysis of the legality of the UBL operation continues to proliferate. Among the many I've seen today, I would recommend Gabor Rona's fine piece defending the legality of the attack from the point of v...
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Alfredo Corchado of the Dallas Morning-News has an article that will be of interest to anyone trying to come to grips with whether a state of armed conflict can be said to exist in some areas of Mexico. ...
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Ken Anderson (Lawfare's intrepid book review editor, among many other titles) has been kind enough to permit me to post this passage from an email exchange we had earlier today. It makes a point that I ...
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Eric Holder, the Politico is reporting, has now said that it would have been lawful to shoot Bin Laden even if he had tried to surrender:
Holder initially said the U.S. team "obviously" should have accep...
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Director Panetta appeared on PBS Newshour yesterday, and spoke to the question of whether this was a situation in which SEAL Team Six was merely to use force as a last resort in self-defense. As Ben not...
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Martin Scheinin, the United Nations Special Rapporteur on the promotion of human rights and fundamental freedoms, also says the Bin Laden killing was legal--and also hinges this judgment on the opportuni...
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Lawfare reader Matthew Ing writes in with the following:
I've been a dedicated reader of the Lawfare Blog since its inception. I recently read with interest your Lawfare post, "What Would Mary Ellen O’C...
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Jessica Stern has this article over at Daily Beast describing her reactions to Usama bin Laden's death. My sincere apologies for posting this a day late, but it's very much still worth a read. Here's an ...
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In a recent post, Bobby raised the question of what impact, if any, Bin Laden’s death would have on the legal effect of the Authorization for Use of Military Force, or “AUMF.” As I noted in a post earli...
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Over at Opinio Juris, Deborah Pearlstein says that "it’s disheartening to see conversation already turning to old, old debates about interrogation." Pearlstein is upset because certain people (including ...
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Yesterday I posted some initial thoughts on whether the UBL operation constituted a "covert action" for statutory purposes. If so, the operation would require a presidential finding and notificiation to...
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This article by Thomas Darnstädt, published online by Der Speigel, is getting a lot of attention today. The thrust of the piece is captured by the tagline at the top: "Is this what justice looks like?