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Military Detention of Captured ISIL Members: Umm Sayyaf as Prototype?
In a special operations raid last month targeting a key ISIL figure in Syria, U.S. forces came away with that rarest of things: a prisoner. Abu Sayyaf's wife, Umm Sayyaf, was taken into custody during t... -
The South China Sea Dispute: A Brief History
A small outcropping of sand occasionally breaks the vast expanse of the South China Sea. These islands are modest, even diminutive, but they form the core of a fierce territorial dispute among six primar... -
Why Zivotofsky Is a Significant Victory for the Executive Branch
The Supreme Court in Zivotofksy held that the President can disregard a statute that requires him to designate “Israel” on passports of U.S. citizens born in Jerusalem because the statute (Section 214 of... -
Today's Headlines and Commentary
President Recep Tayyip Erdogan was dealt a historic blow in yesterday’s Turkish parliamentary elections. Erdogan had hoped to solidify his overwhelming parliamentary elections and pass constitutional ref... -
“Black Holes and Open Secrets: The Impact of Covert Action on International Law” by Alexandra H. Perina
53 Columbia Journal of Transnational Law No. 3, p. 507 (2015). Available on SSRN. The status of covert activities by a government in international law is an under-discussed topic in legal scholarship, e... -
SEAL Team 6 in the Spotlight: Takeaways from the Times' Article
This weekend the New York Times ran a lengthy piece about SEAL Team 6, with the dramatic subtitle “A Secret History of Quiet Killings and Blurred Lines: The unit best known for killing Osama bin Laden ha... -
Hacking as Offensive Counter Intelligence
The OPM intrusion has grave implications for the personally identifiable information of the four million present and former employees whose data was compromised. As this post on Hacking as Offensive Cou... -
Five Important (Or At Least Interesting) Provisions in the Intelligence Authorization Bill HPSCI Passed
One thing I love about the various annual authorization bills is that they often contain very interesting but little-noticed provisions. The Intelligence Authorization Act for Fiscal Year 2016, which HP... -
Zivotofsky v. Kerry is Out this Morning!
The decision in Zivotofsky v. Kerry, a blockbuster foreign policy-related Supreme Court case that many of us have been watching carefully, was just released: The DC Circuit is affirmed. The President hol... -
Senator Whitehouse's Commentary on Why Americans Hate Government Surveillance but Tolerate Corporate Data Aggregators
Senator Whitehouse's thoughtful commentary on "Why Americans Hate Government Surveillance but Tolerate Corporate Data Aggregators" deserves consideration by everyone -- he asserts that corporate interest... -
Introducing Omphalos: Lawfare's New Site Devoted to the Middle East
The Greek word "omphalos" designates the center of the world, a spot usually containing some sort of stone. The ancient Greeks believed the omphalos to lie in Delphi. For many Christians and Jews, it lie... -
Welcome to the New Lawfare
It is a great pleasure to welcome readers to Lawfare’s new web site. Nearly five years ago, we announced what was then an incipient blog by three friends:
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