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The most remarkable passage in the Washington Post story to which
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The Washington Post this morning has this comprehensive account of the decline and fall of President Obama's Promise to close Guantanamo. It is a very solid and, to my mind accurate, rendering of the tale.
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My post yesterday on possible civilian criminal charges against al-Nashiri included reference to my view that 2339B was not extraterritorial until a 2004 amendment. I should have been far more specific ...
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In my discussion earlier this week of some of the problems with relying on historical practice to support a constitutional claim of presidential authority to initiate military operations without congress...
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The Associated Press is reporting that U.S.
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If a person can't be troubled to agree with me, the very least he can do is to write good prose. Man, oh man, can Sabin Willett write good prose! Willett, who represented the Uighurs in their Supreme Cou...
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Last Monday Harvard Law School conferred its medal of freedom on one of its graduates, General Mark Martins, Commander of the Rule of Law Field Force -Afghanistan. The Harvard National Security Journal ...
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News that charges have been re-sworn against al-Nashiri in the military commission system has prompted commentary regarding which Title 18 offenses could have been brought had he been charged instead in ...
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We are thrilled to announce, that Curtis A. Bradley, the Richard A. Horvitz Professor of Law and Professor of Public Policy Studies of Duke University School of Law, is joining Lawfare's august crew of o...
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We at Duke University are initiating a year-long project in which a number of us will be considering and discussing the relationship between law and custom. In connection with that project, I have star...
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I do not have a copy of the sworn charges, but the details from the press release today appear below. For comparison’s sake, you can find the earlier iteration of charges and motion papers relating to N...
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Every summer the International Law Department of the Naval War College puts on a don’t-miss IHL conference (here are the videos from last summer's event). This year’s event will focus on IHL in the cont...
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The other day, I expressed bewilderment at the intellectual convergence between the political Left and Judge Laurence Silberman over whether post-Boumediene litigation has left habeas an empty shell.
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Jessica Stern, a well-known scholar on terrorism and the author of Terror in the Name of God and, more recently, Denial: A Memoir of Terror, has just published this enlightening article in The National I...
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One GTMO-related case—Khadr v. Obama (No. 10-751) remains pending before the Supreme Court at the certiorari stage, and it has just been re-listed for the first time (Kiyemba, in which the Court just den...
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Those who access Lawfare on a mobile device, such as an iPhone or a Blackberry or an Android phone, will notice that the site looks different today. As an experiment, I have installed software to optimiz...
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The Harvard National Security Journal has just posted a very interesting essay by Steven Bradbury entitled The Developing Legal Framework for Defensive and Offensive Cyber Operations.
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Today the Supreme Court denied cert. to the five Uighur detainees held at Guantanamo.
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Two quick comments on today's New York Times editorial:
First, the Times begins with a remarkable normative assertion: "In bringing justice to those accused of plotting the Sept.
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Columbia Law Professor Trevor Morrison has this lengthy review essay in the Harvard Law Review of Bruce Ackerman's new book, The Decline and Fall of the American Republic. The essay, entitled "Constituti...