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The president’s use of his Article II power to pardon war crimes raises fundamental issues of the rule of law.
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Focusing on the weapon, and not how it is being used, muddies the law and facts surrounding the circumstances in which a war crime may have occurred.
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A new set of essays explores the state and possible trajectory of modern war powers.
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The French foreign minister has made a trip to Iraq to attempt to make a deal to try foreign fighters in the country. The plan faces diplomatic obstacles abroad and opposition at home.
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Judge Emmet G. Sullivan of the U.S. District Court for the District of Columbia has dismissed claims from a military commissions defendant alleging that he has been denied satisfactory medical care at Gu...
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Last month, the military commission for the matter of United States v. Khalid Shaikh Mohammad et al. (i.e., the 9/11 trial) held a marathon three weeks of nearly back-to-back hearings. After being held u...
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Israel is confronting a national scandal over the hospitalization of an alleged terrorist detained by the Israel Security Agency (ISA). On Aug. 23, three Israeli civilians were hiking near a West Bank wa...
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The military commission trying alleged al-Qaeda commander Abd al-Hadi al-Iraqi reconvened Aug. 21-28. You can find previous Lawfare coverage here and here.
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Editor’s Note: This article originally appeared on Order from Chaos.
Eighteen years after the 9/11 attacks, the al-Qaeda organization that carried them out is a shell of its previous self. The global ca...
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If the House of Representatives wished to resurrect the appropriations power as a check on unwanted presidential war-making, how might it go about doing so?
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Editor’s Note: To the surprise of many observers, the al-Qaeda core under Ayman al-Zawahiri has not launched a major terrorist attack in the West for years, and the rise of the Islamic State seemed to si...
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Recent moves and countermoves by the U.S. and Iran in the Persian Gulf over the past few months have increased speculation about the prospect of war in the region. Some members of Congress, including a f...