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This is a terrific opportunity: the DOJ National Security Division Office of Law & Poliicy has released information about student internships for 2012 (spring, summer, and fall. Also, information for NS...
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On Friday, the DC Circuit held, in a 2-1 panel decision in Doe v.
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Mary Dudziak (USC, visiting this coming fall at Duke) has a very thoughtful post up this morning Balkinization, addressing the meaning of "lawfare." Readers who are not familiar with her work should bec...
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When the Secretary of Defense declares, as Leon Panetta recently did, that the strategic defeat of Al Qaeda is "within reach," it is probably time to start thinking about the termination of hostilities f...
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Ben announced the start of the Lawfare Book Review a few weeks ago, but let me once again say welcome and provide a brief editorial introduction. The book review will serve as a place to cover new books ...
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Published by Oxford University Press USA (2011)
Reviewed by Benjamin Kleinerman
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In her post the other day, Marcy Wheeler hit on a theme I have been thinking a great deal about recently--indeed, that I have been writing a book about. So I know this is supposed to be a debate, but in ...
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The European Court of Human Rights ("ECHR") yesterday released two judgments regarding the British military's alleged violation, in Iraq, of international human rights law.
In the first case, Al-Skeini ...
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I promised yesterday that I would collect and post my thoughts in response to Spencer Ackerman's and Marcy Wheeler's comments on drones and debates. Rather than try to take on the many big themes they ra...
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Isn't this interesting.... In a case titled United States v. Kaziu (E.D.N.Y.
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On the Washington Post's PostPartisan blog, Marc Thiessen offers his thoughts on Warsame.
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Charlie Savage has an important piece regarding the Obama Administration's position on the scope of its authority under the AUMF, as it relates to al Shabab. Quoting anonymous senior administration offi...
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A few days ago, I posted this little comment concerning Eugene Robinson's column on drones. The response to it has, I confess, surprised me, particularly as it has focused largely on an off-hand remark I...
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Well, this is timely. The Journal of National Security Law & Policy has just published this 104-page article from David Kris (who recently stepped down as the AAG for the National Security Division at D...
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A couple of weeks ago, as Ben noted, Trevor Morrison posted an article addressing the Libya-hostilities-OLC debate. An expanded and updated version of that paper is now available here at Harvard Law Rev...
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What was the legal theory supporting the two-month period of military detention for Ahmed Warsame, preceding his arrival in the United States? White House Spokesman Jay Carney had the following to say t...
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Kandahar--Among the ceremonies in Afghanistan on this past July 4th was one having more to do with Afghans and their international partners than with the United States troops stationed here, though we Am...
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Last night's breaking news that the Obama administration has held a terrorist suspect on a U.S. Navy ship for two months kept Ben, Rick and Bobby (and probably anyone else covering the war on terror) pre...
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One line of criticism emerging this morning in relation to the Ahmed Warsame situation is the argument that Warsame should be tried by military commission rather than in a civilian court. Ben nails it h...
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Bobby has already noted that the administration's handling of the Warsame case would not have been possible had either the suspect set foot in Guantanamo Bay under current law or if pending congressional...
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