In the esoteric discussion about whether and how Article 75 of Protocol I, a treaty about international armed conflict (IAC), applies in the Non-International Armed Conflict (NIAC) with al Qaeda and The ...

In my initial post on the White House statement regarding Article 75 of Additional Protocol I, I said I assumed that the statement means that the Administration intends to apply Article 75, as a matter o...

Kevin Jon Heller at Opinio Juris responds to Cully Stimson’s argument that Article 75 of Protocol I, if it applied to military commissions, might gut the relaxed hearsay rules in commissions.  Article  7...

I promised Thursday night to write up comments on the new legislation that has emerged in the Senate. Let me start with the proposal by Senator John McCain on detention rules. This bill, introduced by Se...

In a speech today that criticized NATO coalition partners for their diminishing contributions to the Afghanistan effort, Secretary of Defense Gates said something remarkable about the rule of law in the ...

Gabor Rona (Human Rights First) joins the conversation sparked by the Administration's announcement relating to Additional Protocol II and Article 75 and Additional Protocol I.  His comments appear in fu...

Yesterday the D.C. Circuit resolved this interesting question in Almerfedi v.

There has been much confusion in recent days about this statement in the Administration’s Fact Sheet on Guantanamo and Detainee Policy: “The U.S.

Cully Stimson, formerly the Deputy Assistant Secretary of Defense for Detainee Affairs and now at Heritage, raises an important issue with respect to the implications of Article 75 for the admissibility ...

(By Benjamin Wittes and Larkin Reynolds) The D.C. Circuit has a remarkable collection of talent. I am constantly amazed at how well-versed its judges are in the record in the cases I watch and the wealt...

Several new bills were introduced in the Senate today by a shifting group of mostly-Republican senators.

Bruce Ackerman and Oona Hathaway argue at the Huffington Post that President Obama lacks the constitutional authority to impose a no-fly zone in Libya in the absence of congressional authorization.  Thei...