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Obama Declares Intent to Seek an ISIS AUMF...Will the 2001 AUMF Be Amended Along the Way?
It...is...on. At a press briefing today, President Obama declared three legislative priorities for the lame-duck Congress in the weeks ahead. One is to get an AUMF for ISIS: Second, I'm going to begin en... -
So What Does the New Republican Majority Mean for National Security Issues In Congress?
The result is no surprise: Republicans now control both houses of Congress---or, at least, they will come January. I'll leave it to others to dissect how we should understand last night's electoral resul... -
This Week's Hearing in <em>Al-Nashiri</em>
A little programming note here, y'all: today marks the first of a two-day, pre-trial hearing in the military commission case of United States v. Al-Nashiri. But Lawfare unfortunately won't be in the hou... -
Chief Prosecutor Statement on This Week's Hearing in <em>Al-Nashiri</em>
Brig. Gen. Mark Martins' remarks on the two-day pre-trial session, which commences today, can be found here. (Note that the hearing will proceed, despite the pendency of the United States' appeal of the... -
Detainee Transferred from Afghanistan to US for Trial: A Model for GTMO Closure?
A very interesting development today with respect to the ongoing effort to complete the shut-down of US-administered military detention in Afghanistan: As you may recall, we have long since ceased holdi... -
D.C. Circuit Denies En Banc Rehearing in Hatim v. Obama, Counsel-Access Case
The D.C. Circuit has just issued a per curiam order denying the detainees' petition for an en banc rehearing in Hatim v. Obama. -
Dronestagram
Stumbling around the internet last night, I found this gem: Dronestagram. It's exactly what you would think; a free, user-built collection of videos and pictures shot by drones from all around the world. -
Folk International Law and the Application of LOAC in Counterterrorism Operations
Naz Modirzadeh’s fascinating series of Lawfare posts (here, here, and here) discussing her article, Folk International Law, provides an excellent primer on the potential consequences and confusion that r... -
Susan Rice Did Not Consult DOD When She Urged Repeal of 2002 AUMF That DOD (Correctly) Thought Was "Still Needed"
Michael Hirsh has a piece at Politico on the disorganized, uncoordinated crafting and implementation of the administration’s strategy to defeat the Islamic State. Of particular interest to Lawfare reade... -
A Bit More On the Debate About the Extraterritorial Scope of the Torture Convention’s Provisions on Cruelty
In his piece on Nobel Peace Prize Laureates pressuring the President to disclose information about torture, Charlie Savage explains why some officials in the administration oppose the broad extraterritor... -
New CNAS Program on Autonomous Weapons
The Center for a New American Security (CNAS) last week announced a new project on “Ethical Autonomy.” (This is a topic on which Ken and I have written, most recently in a piece co-authored with Daniel R... -
Folk Law and Obama Administration Mythology: Four Stakes
Marty Lederman and I have been engaged in a debate over the past few weeks, and last Monday he wrote a lengthy and thoughtful “Monday Reflection” over at Just Security concerning some of my arguments her...
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