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Walter Russell Mead on Why the Libya Intervention Harms The Duty To Protect Norm
Walter Russell Mead argues (via Instapundit) that as a result of the Libya intervention, the world may be “farther from enshrining the duty to protect in international law than we were six months ago.” ... -
The Kill or Capture List
The oral argument for the Al-Zahrani case, about which Ben just posted, took up much of my morning, so expect Headlines and Commentary tomorrow. But in the meantime, I wanted to share this very interesti... -
Al-Zahrani Oral Argument Mini-Summary
I'm not going to do a full oral argument summary of this morning's case before the D.C. Circuit, Al Zahrani v. Rodriguez, since it was not a habeas merits case. And the issue it raises, whether the famil... -
Chang on Enemy Status, Detention, and the Law of Neutrality--and Responses from Ingber and Heller
The Texas International Law Journal has just announced the forthcoming publication of a very interesting set of papers on the law of military detention, exploring the relevance of the law of neutrality a... -
Government Argues Against the “Everyone Does It” Defense in Sterling Leak Prosecution
Steve Aftergood at Secrecy News reports that the government has filed a motion in the Sterling leak prosecution urging the court to “bar the defendant [Sterling] from presenting any evidence, argument or... -
Obama Administration Asserts Head of State Immunity for Rwanda President Paul Kagame
This belated report just in by slow boat: In a brief filed on August 29, the Justice Department asserted immunity on behalf of President of Rwanda Paul Kagame in an Alien Tort Statute suit brought agains... -
More on al-Aulaqi and Transparency
In response to some push back, and at the risk of some repetition, I would like to clarify a bit more why I think there is no serious bar to the government revealing more about the legal basis for its ac... -
Today's Headlines and Commentary
Certain segments of the Lawfare readership--and they know who they are--have been clamoring for a roundup solely dedicated to analysis of the legality of the targeted killing of Anwar Al-Aulaqi, so I wil... -
Stewart Baker on Lawyers and Cyber
Stewart Baker – former Assistant Secretary for Policy at DHS and former NSA General Counsel – has an essay in Foreign Policy arguing that government lawyers are interpreting laws governing offensive cybe... -
Radio Silence from the New York Times Editorial Page on Al-Aulaqi
By last Friday afternoon, I was--I admit--in a state of nearly fevered excitement. Al-Aulaqi had just been killed, and there would be a nice, fat, New York Times editorial about it to savage. It would co... -
A Lawfare License Plate?
A friend in the intelligence community, using sophisticated data-mining techniques of a sort that threaten our civil liberties (namely, checking the D.C. government's web site), has learned that nobody h... -
D.C. Circuit Argument in al-Zahrani
The D.C. Circuit Court of Appeals will hear oral arguments on Thursday in the case of Al-Zahrani v. Rodriguez, which--believe it or not--is not a Guantanamo habeas case.
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