I had not realized till today that the State Department has not yet gotten around to designated the Haqqani Network to be a Foreign Terrorist Organization (see the current list here).  Such a designation...

It comes in the case of Abdah and is available here, posing the following question: Whether, in a habeas corpus action, a Guantánamo detainee has a right to challenge his transfer to a foreign country on...

Yesterday, the Fourth Circuit announced decisions in Al Shimari v. CACI International and Al-Quraishi v. L-3 Services, Inc. Both cases involved tort suits brought by Iraqi civilians against U.S. military...

Admiral Mullen, who will soon step down as CJCS, offered the following blunt language in his prepared testimony before the Senate Armed Services Committee this morning: Extremist organizations serving a...

At Best Defense, Tom Ricks takes note of recent comments from Senator Graham relating to clashes between the TJAGs and DOD-OGC during the Bush Administration, and then asks: Is it time for a military jou...

Adding to the flurry of recent Alien Tort Statute appellate decisions, on Monday the Fourth Circuit issued its opinion in Aziz v.

Those who enjoyed my two recent posts reflecting on Benjamin Franklin's and Robert Jackson's comments on the liberty-security relationship, may enjoy the larger piece of work from which those posts were ...

I promised last week to give some thoughts on Judge Henry Kennedy's recent opinion in Hentif as soon as I had a chance to read it. I was busy running some events over the past few days and only just got ...

I often disagree with Washington Post columnist Marc Thiessen, but this column strikes me as right on. Thiessen bewails the lack of serious debate in the Republican primaries on national security issues,...

In 2002 the Bush administration received a lot of heat for its flexible understanding of the imminence requirement of the self-defense doctrine in international law in connection with modern terrorism.  ...

A divided 11th Circuit panel has issued a lengthy opinion (112 pages in pdf, with the dissent) affirming the conviction of  Jose Padilla, Adham Hassoun, and Kifah Jayyousi, and granting the government's ...

Friday afternoon’s oral argument in Suleiman saw pretty even questioning of counsel for both sides from an interested panel.  Judges Merrick Garland, Thomas Griffith and David Tatel pressed Abdulrahman A...

Britain amended its universal jurisdiction law last week to require private individuals who seek arrest warrants for foreign government officials for human rights offenses to obtain the consent of Britai...

On September 14, General John R. Allen, who succeeded David Petraeus as the commander of U.S. Forces Afghanistan, presided over the change of the command of Rule of Law Field Force – Afghanistan from Bri...

Below Gabor Rona has a sharp response to my earlier post on Charlie Savage’s story on the latest round of Johnson v.

The Keynote Address begins with a brief introduction from Jack. He notes that one thing extraordinary about Savage is his ability to extract information from government officials and the clarity with w...