The European Court of Human Rights ("ECHR") today held that Macedonia had violated the rights of  Khaled El-Masri.  In 2003 El-Masri, a German national, was confused for a similarly-named terrorism suspe...

Yesterday, plaintiffs in Hedges v.

The American Bar Association's Standing Committee on Law and National Security has released audio recordings of its recent conference in Washington.

Daveed Gartenstein-Ross of the Foundation for Defense of Democracies has a chapter in this new book, entitled "The Future of Preventive Detention Under International Law" (see pp. 257-266). The larger bo...

For those who have been following the ITU's conference in Dubai on international internet governance (about which both Jack and I have written previously), this interesting bit of news:  Apparently the m...

Done with security review: four recent orders from the military judge, James Pohl, in United States v.

Looks like the D.C. Circuit is going to get another crack at Bagram jurisdiction. Maqaleh II, decided by the district court in mid-October, is headed up. Good luck with that!

Last weekend I linked to a Sunday Times story by a usually reliable reporter, Christina Lamb, to the effect that the USG “is launching a covert operation to send weapons to Syrian rebels.”  Today’s FT, h...

It's a rather useful, CRS-like report, entitled "Unmanned Aerial Vehicles (drones): An Introduction." It opens: This note provides an introduction to the use of Unmanned Aerial Vehicles (UAVs) by the UK ...

That is the title of Eric Posner’s essay in Slate reacting to Jeh Johnson’s Oxford speech.   The first part of the piece roughly tracks some of the points I made last week, but then Eric widens the lens:...

This Lawfare post serves as a running list of links to articles, documents, or other materials related to the regulation and legal review of autonomous weapons systems (or increasingly automated weapons ...

This was certainly not the response I was expecting to my earlier post on targeted killing and assassination: a meditation on bankruptcy.

Every reader of Lawfare (and indeed, most non-readers) should be interested in this new report from the National Intelligence Council, "Global Trends 2030: Alternate Worlds."  The analysis identifies a s...

The Oxford Union has now made available on YouTube the speech Pentagon General Counsel Jeh Johnson gave there on November 30. We posted the text of the speech at the time; Jack commented on it earlier, a...

As Ritika already noted, George Will has a column in today's Washington Post about drones and targeted killing. In it, he poses a question lots of people ask about drone strikes and that warrants a momen...

A colleague just pointed this out to me today.  Buried in the Senate-approved NDAA is Section 936, which would require the Pentagon to "establish a process" for defense contractors that have classified i...

Last week, Judge James Pohl handed down five orders in the military commission case of United States v. Al-Nashiri---the capital case arising from, among other things, the attack on the USS Cole.  

I've been meaning for some time to comment on recent developments impacting the DOD-CIA convergence trend.  While much of the attention under this heading understandably focuses on drones, it is importan...