Belatedly, I want to join the discussion about the extraterritorial application of the Convention Against Torture (CAT), about which Jack commented on Friday, drawing on an article by Charlie Savage earl...

A week ago Charlie Savage reported that the Obama administration “is considering reaffirming the Bush administration’s position that the [Convention Against Torture(CAT)] imposes no legal obligation on t...

Since the introduction of drone technology to the battlefield, countless academics, policymakers, and military planners have pondered a disturbing question: what happens when other countries or non-state...

President Obama is right. He was right when he said, as a presidential candidate in 2007, that “The President does not have power under the Constitution to unilaterally authorize a military attack in a ...

Or so I gather from this Washington Post piece, which opens thusly: A Russian captured fighting with insurgents in Afghanistan and held for years at a detention facility near Bagram air base will be flow...

In light of both our prior exchange and my Just Security post from yesterday, I only have two new points to make in response to Peter Margulies' post on yesterday's D.C.

The government has filed its response to six Guantanamo detainees' August 25, 2014 petition for en banc rehearing in Allaithi v. Rumsfeld. The detainees argued that (1) the Supreme Court's recent decisio...

Yesterday the Periodic Review Board recommended the repatriation of Muhammad Murdi Issa al-Zahrani, a Saudi detainee who has been held in Guantanamo for 12 years after being captured in Afghanistan in 20...

We have an essay in The New Republic titled Obama, Not Bush, Is the Master of Unilateral War.  It argues that President Obama, ironically in light of his own lofty rhetoric about lodging war decisions wi...

Last year President Obama called for the end of the 2001 AUMF conflict and wagged his finger at people who thought continued statutory authority was needed to meet the continuing and morphing Islamic ter...