We just entered the second year of a purported “era of persistent conflict” forecasted to extend to 2028. In that context, does it really matter if we can tell that a particular war has definitively conc...

It looks like the DOJ is going to invoke the state secrets privilege after all in the latest CIA torture suit brought by former detainees, marking the first time that the Trump administration will use th...

For seventy-three days last summer, the so-called Islamic State of Iraq and Syria (ISIS) and a Kurdish/Arab militia known as the “Syrian Democratic Force” (SDF) fought over Manbij, Syria. The fierce urba...

With the release of the much-anticipated Tallinn Manual 2.0, some additional attention is focused on the difficult questions of international law in cyberspace.

With the end of the Obama administration and the beginning of the Trump administration, activity has picked up in Guantanamo litigation regarding the SSCI "torture report." Several weeks ago, I flagged t...

The indispensable Charlie Savage has just posted the latest iteration of the Trump Administration’s planned Executive Order on detention issues, along with an article placing that draft in context (inclu...

The jurisdictional and procedural barriers are high for plaintiffs seeking to hold individuals liable for post-9/11 U.S. counterterrorism programs. But a torture suit brought by alien plaintiffs against ...

Although the White House is now disavowing the draft executive order on detention and interrogation, the document has revived debate on the legal prohibitions against torture and on President Trump’s

The first 9/11 hearings under the Trump administration lurched forward at Guantanamo on Wednesday, but barely lasted the morning before all public sessions were suspended until March.

Author's Note: I wrote the following in the belief that the draft executive order published yesterday by the Washington Post and analyzed yesterday by the Times and the Post was either the final text or ...

Yesterday, Military Commissions Chief Prosecutor General Mark Martins released the following statement regarding pretrial hearings to be conducted over the next two weeks in the 9/11 case. The statement...