As promised yesterday, I’m posting a short overview of the arguments in the government’s briefs to the en banc CMCR in al-Bahlul and Hamdan (click here for an earlier post doing the same for the appellan...

(By Benjamin Wittes and Larkin Reynolds) This summary is going to be short--short and obscure. The reason is that Judge Karen LeCraft Henderson opened today's arguments by announcing that almost none of ...

The en banc Court of Military Commission Review will hear oral argument this Thursday in al-Bahlul and Hamdan.  These cases are critical to the future of the military commission system.  They call into q...

In fulfillment of my promise last week to provide analysis of the various pieces of new Senate legislation, here are some thoughts on the new version of Senator Lindsey Graham's habeas reform bill. The b...

According to Julian Barnes at the Wall Street Journal, the White House has confirmed that (a) Article 75 of Protocol I does not apply in the Non-International Armed Conflict with al Qaeda as customary in...

Tomorrow morning, the D.C. Circuit Court of Appeals will hear arguments in Abdah v. Barack Obama (Al Latif) (No. 10-5319). The argument is slated to proceed before Judges Karen LeCraft Henderson, David T...

In the esoteric discussion about whether and how Article 75 of Protocol I, a treaty about international armed conflict (IAC), applies in the Non-International Armed Conflict (NIAC) with al Qaeda and The ...

In my initial post on the White House statement regarding Article 75 of Additional Protocol I, I said I assumed that the statement means that the Administration intends to apply Article 75, as a matter o...

Kevin Jon Heller at Opinio Juris responds to Cully Stimson’s argument that Article 75 of Protocol I, if it applied to military commissions, might gut the relaxed hearsay rules in commissions.  Article  7...

I promised Thursday night to write up comments on the new legislation that has emerged in the Senate. Let me start with the proposal by Senator John McCain on detention rules. This bill, introduced by Se...

In a speech today that criticized NATO coalition partners for their diminishing contributions to the Afghanistan effort, Secretary of Defense Gates said something remarkable about the rule of law in the ...

Gabor Rona (Human Rights First) joins the conversation sparked by the Administration's announcement relating to Additional Protocol II and Article 75 and Additional Protocol I.  His comments appear in fu...

Yesterday the D.C. Circuit resolved this interesting question in Almerfedi v.

There has been much confusion in recent days about this statement in the Administration’s Fact Sheet on Guantanamo and Detainee Policy: “The U.S.

Cully Stimson, formerly the Deputy Assistant Secretary of Defense for Detainee Affairs and now at Heritage, raises an important issue with respect to the implications of Article 75 for the admissibility ...

(By Benjamin Wittes and Larkin Reynolds) The D.C. Circuit has a remarkable collection of talent. I am constantly amazed at how well-versed its judges are in the record in the cases I watch and the wealt...

Several new bills were introduced in the Senate today by a shifting group of mostly-Republican senators.

Bruce Ackerman and Oona Hathaway argue at the Huffington Post that President Obama lacks the constitutional authority to impose a no-fly zone in Libya in the absence of congressional authorization.  Thei...

John Dehn (West Point) has responded to Raha Wala (Human Rights First) in the latest round of their ongoing exchange relating to military commissions.  Addressing Raha's most recent post, John writes: I ...