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The court reconvenes for the last open session this week, with KSM and Hawsawi still absent. After military judge Colonel James Pohl establishes that the two voluntarily waived their presence, David Nevi...
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On Thursday, December 8th, Military Commissions Chief Prosecutor Mark Martins issued the following statement on the pretrial hearings conducted in the 9/11 case over the past week. His statement is also ...
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Military Judge Colonel James Pohl gavels the military commission back into session, this time without the presence of Khalid Sheikh Mohammed and Mustafa al Hawsawi. Hawsawi has opted to stay in his cell ...
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One month later, we’re back at Guantanamo for another week of pre-trial hearings in the 9/11 case. Fidel Castro may have left this vale of tears, but military judge Army Colonel James Pohl is still at it.
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Last year, Kenneth Anderson and I published a book entitled, Speaking the Law: The Obama Administration's Addresses on National Security Law, which is a detailed analysis of the Obama Administration's na...
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It is increasingly common to hear the term “hybrid warfare” used to describe the complexities of the modern battlefield. When Russia uses a “combination of instruments, some military and some non-militar...
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On Saturday, December 3rd, Military Commissions Chief Prosecutor Mark Martins issued the following statement on the pretrial hearings to be conducted in the 9/11 case over the current week. His statement...
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PDF version
A review of Kenneth Watkin's Fighting at the Legal Boundaries: Controlling the Use of Force in Contemporary Conflict (Oxford University Press, 2016).
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With less than two months to go before it hands over power to the Trump administration, the Obama administration is continuing to fine-tune the legal, policy, and institutional architectures that guide i...
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Katherine Hawkins at the Constitution Project tweeted some good points in response to my earlier posts on Trump, interrogation, and waterboarding (here and here). One concerns the possibility that the N...
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In a prior post I discussed the Trump administration's apparent interest in reviving waterboarding as an interrogation method, noted that a federal statute forbids resort to any interrogation method not ...
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Editor's Note: The use of drones is at the center of the Obama administration's counterterrorism policy – and, perhaps more importantly, at the center of many Lawfare discussions. One frequent concern is...