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“State Opinio Juris and International Humanitarian Law Pluralism” by Michael N. Schmitt and Sean Watts
Mike Schmitt is well-known to many, probably most, regular readers of Lawfare—eminent and prolific scholar of the law of armed conflict (or international humanitarian law); driving force behind the Talli... -
Guantanamo Detainee Files Supplemental Memorandum on the End of the War in Afghanistan
On June 5, 2015, in connection with recent motions practice, attorneys for habeas petitioner Mukhtar Yahia Naji al Warafi filed a supplemental memorandum with the U.S. District Court for the District of ... -
SEAL Team 6 in the Spotlight: Takeaways from the Times' Article
This weekend the New York Times ran a lengthy piece about SEAL Team 6, with the dramatic subtitle “A Secret History of Quiet Killings and Blurred Lines: The unit best known for killing Osama bin Laden ha... -
Five Important (Or At Least Interesting) Provisions in the Intelligence Authorization Bill HPSCI Passed
One thing I love about the various annual authorization bills is that they often contain very interesting but little-noticed provisions. The Intelligence Authorization Act for Fiscal Year 2016, which HP... -
A New Round of GTMO Transfers?
From Defense One: -
Is Guantanamo Really a Major Recruiting Tool for Jihadists?
During a February congressional hearing on the Guantanamo Bay prison facility, discussion turned—as it invariably does—to the detention facility’s role in jihadist propaganda. -
The Failed North Korean Cyber Attack
According to this report fro -
Tallinn 2.0 and a Chinese View on the Tallinn Process
This past week, the NATO Cooperative Cyber Defense Center of Excellence put on its annual Cyber Conflict conference in Tallinn, Estonia. The conference boasted a number of experienced cyber-hands, includ... -
Psychology and War Powers
The common denominator of nettlesome war powers questions is who should make the difficult and freighted decisions about whether the nation goes to war, how it fights a war, and when it ends a war. Surpr... -
The End of Active Hostilities Versus the End of Armed Conflict
On Tuesday, Ben and Cody noted the apparent tension between President Obama's Memorial Day comments about the end of the war in Afghanistan and the Justice Department's arguments in the Al Warafi case. -
The War in Afghanistan is Over, says the President. Not, Says the Justice Department
Yesterday, President Barack Obama delivered remarks before a Memorial Day service at Arlington Cemetery in Virginia, in which he celebrated the day as the first Memorial Day since the end of the war in A... -
Al-Warafi's "End of War" Reply Brief
The Guantanamo detainee, as readers likely know, argued in a February motion that the end of the United States' war in Afghanistan, as recognized by President Obama, requires his release from Guantanamo....
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