The most remarkable passage in the Washington Post story to which

The Washington Post this morning has this comprehensive account of the decline and fall of President Obama's Promise to close Guantanamo. It is a very solid and, to my mind accurate, rendering of the tale.

My post yesterday on possible civilian criminal charges against al-Nashiri included reference to my view that 2339B was not extraterritorial until a 2004 amendment.  I should have been far more specific ...

In my discussion earlier this week of some of the problems with relying on historical practice to support a constitutional claim of presidential authority to initiate military operations without congress...

The Associated Press is reporting that U.S.

If a person can't be troubled to agree with me, the very least he can do is to write good prose. Man, oh man, can Sabin Willett write good prose! Willett, who represented the Uighurs in their Supreme Cou...

Last Monday Harvard Law School conferred its medal of freedom on one of its graduates, General Mark Martins, Commander of the Rule of Law Field Force -Afghanistan.  The Harvard National Security Journal ...

News that charges have been re-sworn against al-Nashiri in the military commission system has prompted commentary regarding which Title 18 offenses could have been brought had he been charged instead in ...

We at Duke University are initiating a year-long project  in which a number of us will be considering and discussing the relationship between law and custom.  In connection with that project, I have star...

I do not have a copy of the sworn charges, but the details from the press release today appear below.  For comparison’s sake, you can find the earlier iteration of charges and motion papers relating to N...

Every summer the International Law Department of the Naval War College puts on a don’t-miss IHL conference (here are the videos from last summer's event).  This year’s event will focus on IHL in the cont...