On Wired I wrote about the anonymous and fact-free London Times story about the Russians and Chinese decrypting Snowden's archives. My verdict: these countries, and others, almost certainly have the enti...

Last week, Nathalie and I wrote about the international law questions U.S. executive officials were likely considering while contemplating the continued detention and ultimate fate of the sole known ISIS...

The international criminal law world was abuzz the last two days over the possibility that the President of Sudan, Omar al Bashir, might actually be arrested in South Africa on International Criminal Cou...

Video message from Al Qaeda in the Arabian Peninsula confirms leader killed in US drone strike: The commander, Nasir al-Wuhayshi, was not just the leader of AQAP since 2002 but also more recently, the ov...

On June 12, a three-judge panel of the D.C. Circuit handed down its decision in the most recent iteration of Al Bahlul v. United States, vacating defendant Ali Hamza Suliman al Bahlul’s conviction for in...

A giant government surveillance program has scooped up sensitive personal information on literally millions of Americans. The spying almost certainly includes the creation of digital dossiers on people. ...

With headlines in the aftermath of the OPM hack asking if it was a “cyber 9/11” or an “act of war,” and Lawfare’s own Jack Goldsmith’s questioning the apparent

Eight hundred years ago today, English barons obliged King John to sign Magna Carta. In honor of the anniversary, I thought I might share a brief passage on the subject from my book manuscript (I'm in t...

Earlier today, Senate Foreign Relations Committee chairman Bob Corker sent (and published) a letter to President Obama about the direction of negotiations with Iran. Suffice it to say, Senator Corker is ...

A useful chart courtesy of Covington & Burling showing the disposition of Guantanamo cases since the beginning of the Obama administration:

A few days ago, the Associated Press reported that “the Obama administration may have to backtrack on its promise that it will suspend only nuclear-related economic sanctions on Iran.” This promise is th...

As the United Nations tries to get peace talks started in Geneva on Yemen this week, the rebel alliance of Zaydi Shia Houthis and loyalists of former president Ali Abdallah Salih continues to advance on ...

The Department of Defense's announcement, from this Saturday, is here; there's also this Saturday piece from the New York Times' Charlie Savage:

Zivotofsky was a case about the recognition power, but it was also the first in quite a while to offer any insight into the Justices’ views on the nature of the President’s power to communicate with fore...

It appears that the United States conducted an airstrike in Libya yesterday, targeting and killing Mokhtar Belmokhtar--a notorious Algerian terrorist who was once a member of GIA and GSPC, continued as a...

At their simplest, both Judge Henderson's 85-page dissent from the D.C. Circuit's decision in al Bahlul v.

Friday’s D.C. Circuit decision on military commissions, Al Bahlul v. United States, rests on a narrow, grudging reading of Congress’s war powers.