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DC Circuit Temporarily Stays United States' Appeal in <em>Al-Nashiri</em>, Pending Consideration of Mandamus Petition
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 ... -
U.S. Delegation Asserts Article 16 of Convention Against Torture Applies Outside U.S. Territority in Certain Circumstances, but Law of Armed Conflict "Takes Precedence" In Situations of Armed Conflict
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. -
NYT on Autonomous Weapons and Ways to Regulate Them
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... -
The Preamble to the ISIS AUMF
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. -
Wilson Center Event on ISIS and Congressional Authorization
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, ... -
The Obama Administration's Position on the CAT
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 ... -
A New AUMF, The Lame-Duck Session, and the Meaning of Sunset Clauses
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 ... -
The Lame Duck Congress Should Not Sunset the 2001 AUMF
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. ... -
A Response to Steve Vladeck on the AUMF Principles
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. -
Ben's Sweeping Endorsement of the <em>Just Security</em> AUMF Principles
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 ... -
Why Three of the Six <em>Just Security</em> AUMF Principles are Flawed
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... -
Why A Substantively Neutral But Procedurally Constraining AUMF Makes Sense
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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