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The order grants a motion filed by Al-Nashiri, and was handed down today by Circuit Judges Cornelia Pillard and Judith Rogers, over the dissent of Circuit Judge Brett Kavanaugh. It's gist is temporarily ...
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Twenty years ago, Adam Roberts made the following observation in his essay, "Land Warfare: From Hague to Nuremberg," in The Laws of War: Constraints on Warfare in the Western World (1994, pp. 116-139):
T...
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As Congress enters its lame-duck session, Foreign Policy outlines the nine ways that foreign policy will dominate the agenda.
Senator Tim Kaine (D-VA) anticipates that the Senate will soon consider an A...
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As previewed by Charlie Savage in the New York Times this morning, the U.S. delegation appeared before the Committee Against Torture in Geneva today and announced a modest but important change in the U.S.
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The New York Times has a useful article today on autonomous weapon systems and debate about their regulation. The issue is also on the discussion agenda this week in Geneva for the UN Convention on Cert...
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Allow me to stress an issue perhaps in the capillaries, rather than at the heart, of the ISIS AUMF debate: language in the next AUMF’s preamble.
So far as I know, nobody is talking about this just yet.
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Streaming video is below.
As noted earlier, Senator Tim Kaine (D-Va) will give remarks on ISIS and congressional authorization; afterwards, Wilson Center Director and former Representative Jane Harman, ...
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It's ongoing now. Details are available here. and live streaming video is available over at C-SPAN.
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The New York Times' Charlie Savage has the scoop:
WASHINGTON — A treaty ban on cruel treatment will restrict how the United States may treat prisoners in certain places abroad, the Obama administration ...
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The Privacy and Civil Liberties Oversight Board is is an advisory body to assist the President and other senior Executive branch officials in ensuring that concerns with respect to privacy and civil libe...
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Two quick reactions to John Bellinger’s post on a new ISIL AUMF:
I agree that the new Congress and not the lame duck Congress is best suited to revise the 2001 AUMF (and, in my opinion, also to put the ...
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I am troubled that the two proposals for a new AUMF posted by my Lawfare colleagues (Jack, Bobby, Ben, and Matt) and by a group at Just Security -- while constructive -- would both repeal the 2001 AUMF. ...
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From all of us here at Lawfare: a note of profound gratitude for the sacrifices made by our veterans and their families.
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I am a little perplexed by Steve's response to my critique of the AUMF principles he helped write. Steve accuses me of "hiding the ball." But he seems to me, rather, to be moving the goalposts.
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In his post this morning, Ben identifies what he calls "flaws" with three of the six principles for a use-of-force authorization for ISIL that were introduced yesterday by a group of legal experts (that ...
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By coincidence, the same day that Jack, Bobby, Matt and I released our draft AUMF text, a group associated with Just Security released a document entitled "Principles to Guide Congressional Authorization...
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A few weeks ago Matthew Waxman and I ended our critical essay on President Obama’s war powers legacy by noting that “Obama’s legacy will look quite different if, after the midterm elections, he seeks and...
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A few days after oral argument before a three-judge panel of the D.C.
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Editor's Note: For those of you who have already contributed to Lawfare in response to my appeals, many thanks from all of us.
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On Thursday, the Office of the Director of National Intelligence released the latest declassified Foreign Intelligence Surveillance Court (FISC) Primary Order on its website.
The Primary Order, issued b...