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Trump and the Law on Torture
Given President Trump’s enthusiasm, as a presidential candidate, for enhanced interrogation, waterboarding, torture, and “worse,” as well as his eagerness to contrast himself at every opportunity with Pr... -
Doe v. Mattis: The Fact Dispute in the U.S. Citizen Detainee Case
After months of procedural wrangling, the merits at last have been joined in Doe v. Mattis (a habeas corpus petition brought by the American Civil Liberties Union on behalf of a U.S. citizen held in U.S.... -
Last Week at the Military Commissions, Feb. 12-16: Al-Nashiri Grinds to a Halt
The military commission in United States v. Al-Nashiri reconvened in open session this past week before being abruptly abated on Feb. 16, as previously reported on Lawfare. -
Al-Nashiri Abated Until Further Notice
In a remarkable turn in United States v. al-Nashiri, military judge Col. Vance Spath suspended proceedings on Friday, Feb. -
Last Week at the Military Commissions, Feb. 5–13: More New Proceedings in Al-Iraqi (Part 2 of 2)
Proceedings in the military commission of alleged al Qaeda commander Abd al-Hadi al-Iraqi continued Feb. 5–6 and then again more than a week later on Feb. 13 at Guantanamo Naval Base, with military judge... -
The 'Bloody Nose' Strategy, Self-Defense and International Law: A View from Japan
Over the past several months, North Korea’s hostile rhetoric and its repeated nuclear and missile tests have led to calls for action against the threats posed by its regime. -
Summary: Lawsuit to Release the Legal Justification of Syria Airstrikes
Earlier this month, Quinta Jurecic noted a suit filed by the nonprofit Protect Democracy under the Freedom of Information Act (FOIA) to obtain the Trump administration’s legal justification behind U.S. a... -
The Israel-Iran-Syria Clash and the Law on Use of Force
In the early hours of Saturday morning, an Iranian unmanned aerial vehicle entered Israeli airspace close to the Syrian border. Israel shot down the UAV and responded by attacking the command vehicle, de... -
Last Week at the Military Commissions, Jan. 30–Feb. 4: New Proceedings in al-Iraqi (Part 1 of 2)
The military commission trying alleged al-Qaeda commander Abd al-Hadi al-Iraqi reconvened from Jan. 30 to Feb. 6, after a break in proceedings since July due to al-Hadi’s serious medical issues. This is ... -
Documents: FOIA Suit on the Legal Basis of Syrian Airstrikes
In May 2017, the nonprofit Protect Democracy filed suit under the Freedom of Information Act to obtain the Trump administration's legal justification behind the U.S. airstrikes in Syria during April of t... -
Last Week at the Military Commissions: More Debate on Defense Team Resignations and Evidence Pre-Admission in al-Nashiri
This past week, the military commission in United States v. al-Nashiri reconvened in open session for the first time since November, with open sessions on Jan. 19 and 22. -
What’s So Great About the Declare War Clause?
PDF Version A review of Noah Feldman’s “The Three Lives of James Madison,” (Random House, 2017). *** I
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