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Could the AUMF be Construed to Encompass Internment of "Non-Military" Members of Organized Armed Groups, Consistent with IHL?
As Ben notes below, the Khairkhwa decision draws attention to the question whether the substantive scope of detention authority under the AUMF should be construed to extend to a person who is a member of... -
Today's Headlines and Commentary
The cell phone belonging to Osama Bin Laden's courier, which was recovered in the raid last month, contains critical information about not only bin Laden's own network, but also about a militant group, H... -
The Khairkhwa Decision and Updated Habeas Numbers
Yesterday's release of the Khairkhwa decision prompts a few thoughts--and an update to the habeas data. The lengthy (79-page) opinion is an interesting document that, I suspect, will not have a profound... -
Memo to Reporters Covering the Mark Martins Appointment
For the benefit of reporters writing on the appointment of Brig. Gen. Mark Martins as chief prosecutor of the military commissions--and all others interested in the subject--here are links to the extraor... -
Mark Martins to be Chief Prosecutor, Military Commissions
The Defense Department announced today that Brigadier General Mark Martins, the commander of the Rule of Law Field Force-Afghanistan, will be the Chief Prosecutor in the Office of Military Commissions, b... -
White House Response Paper on AUMF Reauthorization
Politico's Josh Gerstein is reporting: A move by House Republicans to reauthorize the war on terror is unwise because it could foster perceptions that the U.S. -
Memorandum Opinion in Khairkhwa v. Obama
The D.C. district court has issued an opinion in the habeas case of Khairulla Said Wali Khairkhwa, an Afghan national and former senior Taliban official. Judge Ricardo Urbina denied his petition for a wr... -
Today's Headlines and Commentary
A light news day today. William Saletan has a new Slate piece about the "new face of a faceless global war." The Washington Post has coverage of the prison break in Yemen reported yesterday. Charlie S... -
House and Senate NDAA Differences on Transfers
I promised earlier this week to explore the differences between the House and Senate language in their respective versions of the National Defense Authorization Act concerning retrictions on transfers of... -
Koh on Koh
Last Friday I speculated on why Legal Advisor Harold Koh, a leading academic critic of presidential war unilateralism, supported President Obama’s constitutional arguments for the Libya intervention, as ... -
House Fixes Anti-Libya Bill
The Anti-Libya Bill the House of Representatives will consider is here. The Bill would cut off all funds for the Libya intervention except for specified support operations. Unlike the Resolution floate... -
Duke Law Discussion of Theater Detention Operations
Some time back, I spoke at a panel at Duke Law School on detention policy alongside, among others, Michael Gottlieb, who had just completed a fourteen month tour as the top civilian official in Task Forc...
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