As Dapo Akande of Oxford and Tracey Begley of the ICRC explain here and here, the next few weeks will see a series of short pieces posted here at Lawfare, at EJIL:Talk!

To the best of my knowledge, the U.S. government has not asserted that al Shabaab as a whole is an associated force of al Qaeda engaged in hostilities against the United States subject to the 2001 AUMF. ...

That seems to be the sum and substance of the Second Circuit's ruling today.

President Obama appears to be trying a new method to avoid the 60-day War Powers Resolution Clock for U.S. operations.

Like all red-blooded national security law nerds, I have been following Jack's excellent posts over the past week on the politics and the advisability of a potential ISIS AUMF---the last of which post, w...

One senses growing pressure, within and without the White House, for the President to seek authorization from Congress for what he and his aides say will be a long battle against the Islamic State (IS). ...

A couple of weeks ago, several non-Afghan detainees at Bagram Air Force Base, Afghanistan filed a cert petition with the Supreme Court after the D.C. Circuit affirmed the district court’s ruling that it ...

If terrorist capture comes, can a debate over Guantanamo vs. federal court be far behind? Apparently not. This time, the debate is coming even before the terrorist's capture---or even his positive ident...

Yesterday, plaintiff-appellants in Allaithi v. Rumsfeld filed their petition for a rehearing en banc, two months after the D.C.

Here's a novelty: Guantanamo detainee Abdul Razak Ali---whose case we have written about a fair bit---has filed a reply brief in response to his own cert petition.

In the wake of Thursday’s statements by Joint Chiefs Chairman Martin Dempsey and Friday’s comments by Deputy National Security Adviser Ben Rhodes, it sounds like the U.S. Government is at least consideri...

As Bobby has noted, Karen DeYoung of the Washington Post is reporting that the Administration is now considering more seriously whether to ask Congress for authorization to use military force against the...