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Possible U.S. Responses to the South China Sea Arbitration Award: The Aggressive FONOPs Option
What will be the effect of yesterday’s blockbuster South China Sea arbitral award on the U.S. government’s policy in the region? Reportedly, an inter-agency working group in the U.S. government has been ... -
A Response to the Government's Brief in Capt. Smith v. Obama
The government has just filed its brief responding to Captain Smith’s challenge to the president’s unilateral war against ISIS. The government’s lengthy brief cites more than eighty judicial decisions, b... -
Intern with Lawfare!
Lawfare is now accepting fall internship applications. For more information, check the Brookings internship announcement and apply here. -
Facebook, Hamas, and Why a New Material Support Suit May Have Legs
The last few months have seen a spree of lawsuits filed against social media companies for allegedly providing material support to terrorists groups, particularly ISIS, by effectively allowing those grou... -
Today's Headlines and Commentary
In a much-anticipated verdict, an international tribunal ruled on Tuesday that China’s claims to historic and economic rights across most of the South China Sea have no legal basis. The tribunal ruled in... -
Tribunal Issues Landmark Ruling in South China Sea Arbitration
The wait is over: a judgment has been issued in the Philippines v. China South China Sea arbitration. A five-judge tribunal constituted under the Permanent Court of Arbitration (PCA) in The Hague has rel... -
Statement from Military Commissions Deputy Chief Prosecutor Robert C. Moscati
Military Commissions Deputy Chief Prosecutor Robert C. Moscati issued the following statement yesterday prior to this week's military commission pre-trial hearings in the case of Abd al Hadi al Iraqi. Ke... -
Short, Quick Take on the Philippines’ Sweeping Victory in the South China Sea Arbitration
I am still digesting the award issued very early this morning by the UNCLOS arbitral tribunal on the Philippines claims against China in the South China Sea. Lawfare plans to post more comprehensive dis... -
The Chilcot Inquiry and the Legal Basis for the Iraq War
The Chilcot report—the report of the UK Iraq Inquiry that was released last week—includes a detailed account (more than 160 pages) of the development of the international law basis for the UK’s use of fo... -
Today's Headlines and Commentary
Secretary of Defense Ash Carter said that the United States will send an additional 560 troops to Iraq as Iraqi and U.S. security forces close in on recapturing Mosul from the Islamic State. The announce... -
Lawyers Under Pressure: Thoughts on the Chilcot Inquiry
The Chilcot Inquiry into the Blair Government’s 2003 decision to go to war with Iraq examines at length the role of the lawyers under immense policy and political pressure. -
The Week That Will Be
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