Now this is interesting. Last week, detainees Saeed Mohammed Saleh Hatim, Abdurrahman al-Shubati and Fadel Hentif together sought en banc rehearing in Hatim v. Obama, the so-called "counsel access" case...

Over at Newsweek, Jeff Stein wonders: "What Will U.S. Forces Do With ISIS Prisoners?" Among the many unresolved issues in the campaign to “degrade and destroy” ISIS, as it’s generally known, is what to ...

Over at VICE News, reporter Jason Leopold has this very interesting story about the FBI investigation of Samir Khan, the AQAP propagandist and editor of Inspire magazine, who was killed in the strike aga...

The Congressional Research Service has put out a new report entitled "Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings." The summary reads, in part: This report discusses majo...

[Cross-Posted at Just Security]  Last week Congress approved, and the President signed, legislation that authorizes the Secretary of Defense (see section 149) to "provide assistance, including training,...

I have spent a lot of time over the past several years---as have many Americans---marveling at the horribleness of the United States Congress.

The two most promising Islamic State AUMFs I have seen are the one sponsored by Representative Schiff and the one sponsored by Senator Kaine.  Both drafts, in different ways, purport to limit the authori...

Over the past week there has been much talk about the President's invocation of the 2001 AUMF in connection with ISIS. Many (including me) expressed considerable surprise, and doubt, about the merits of ...

Military judge J. Kirk Waits begins Monday's session in the military commission case against Hadi with some housekeeping matters: the detailing of a new member of the defense team, Lt. Col. Thomas Jasper...

We are pleased to share our recently published article on law and autonomous weapons, on which we teamed up with our good friend Daniel Reisner (formerly head of the Israel Defense Forces International L...