A big Monday-morning quarterback question since ISIL began overrunning parts of Iraq as Iraqi military forces collapsed has been whether the United States should have kept in place a significant residual...

Marty Lederman has a thoughtful response over at Just Security to my post from yesterday.

Earlier this year, I published an article called "Folk International Law," in which I argued that there were many unappreciated and little understood costs to the convergence of LOAC and international hu...

For the two people still following the exchange between me and Peter Margulies over the bottom-side briefing in the al Bahlul D.C.

Harold’s Koh’s grudging defense of the domestic legal basis for President’s Obama’s use of force against the Islamic State in Iraq and Syria is important.  It adds little new to other defenses of the Pre...

I must confess that I don't fully understand Peter Margulies' response to my post from earlier today. My post argued that the bottom-side briefing in the D.C.

Jane already flagged the merits brief filed by the U.S. government on September 17 in al Bahlul v. United States, the major challenge to the power of the Guantánamo military commissions to try non-intern...

In February, Karen DeYoung and Greg Miller wrote a story in the WP about how Al-Qaeda’s then-recent expulsion of the Islamic State of Iraq and Syria (ISIS, now Islamic State, or IS) raised questions abou...

You know that the political system has reached a moment of special paralysis when a standoff emerges out of agreement. Yet that is what appears to be happening with respect to the politics of authorizing...

(Author's note: Apologies to Geoff and everyone else - I somehow managed to delete the last couple of paragraphs of this post when it went up.  I'll recover them--including the part of the post that actu...

Jack is very generous to Glenn Greenwald in his post earlier today, in which he notes areas where he agrees with what he terms Greenwald's "skeptical takedown of the factual basis for the attacks on the ...

Glenn Greenwald has a skeptical takedown of the factual basis for the attacks on the Khorasan Group (KG) in Syria, and the American Press’s complicity, based on anonymous USG sources, in spreading war-mo...