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It is increasingly common to hear the term “hybrid warfare” used to describe the complexities of the modern battlefield. When Russia uses a “combination of instruments, some military and some non-militar...
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On Saturday, December 3rd, Military Commissions Chief Prosecutor Mark Martins issued the following statement on the pretrial hearings to be conducted in the 9/11 case over the current week. His statement...
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PDF version
A review of Kenneth Watkin's Fighting at the Legal Boundaries: Controlling the Use of Force in Contemporary Conflict (Oxford University Press, 2016).
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With less than two months to go before it hands over power to the Trump administration, the Obama administration is continuing to fine-tune the legal, policy, and institutional architectures that guide i...
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Katherine Hawkins at the Constitution Project tweeted some good points in response to my earlier posts on Trump, interrogation, and waterboarding (here and here). One concerns the possibility that the N...
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In a prior post I discussed the Trump administration's apparent interest in reviving waterboarding as an interrogation method, noted that a federal statute forbids resort to any interrogation method not ...
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Editor's Note: The use of drones is at the center of the Obama administration's counterterrorism policy – and, perhaps more importantly, at the center of many Lawfare discussions. One frequent concern is...
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On Tuesday, the case of U.S. v. Abd al Hadi al-Iraqi was called back to session but, this time, not with the usual players. Colonel Peter S. Rubin of the USMC replaced Captain Waits as the military judg...
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Yesterday, Military Commissions Chief Prosecutor Mark Martins provided the following statement on pretrial hearings this week in the Abd al-Hadi al-Iraqi case. The statement is also available here.
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Editor's Note: A Trump presidency is disturbing on so many levels. One of the worst is his campaign's embrace of some of America's biggest mistakes, such as the use of torture to fight terrorism. Elizabe...
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The transition to a Trump Administration is now underway. Among many other things, this likely will entail an effort to identify various executive orders issued by President Obama that President Trump wi...
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On Thursday, October 20th, the D.C. Circuit Court of Appeals ruled once again on the case of Ali Hamza al-Bahlul, a Guantanamo detainee convicted by a military commission for inchoate conspiracy to commi...
