A couple of weeks ago, several non-Afghan detainees at Bagram Air Force Base, Afghanistan filed a cert petition with the Supreme Court after the D.C. Circuit affirmed the district court’s ruling that it ...

If terrorist capture comes, can a debate over Guantanamo vs. federal court be far behind? Apparently not. This time, the debate is coming even before the terrorist's capture---or even his positive ident...

Yesterday, plaintiff-appellants in Allaithi v. Rumsfeld filed their petition for a rehearing en banc, two months after the D.C.

Here's a novelty: Guantanamo detainee Abdul Razak Ali---whose case we have written about a fair bit---has filed a reply brief in response to his own cert petition.

In the wake of Thursday’s statements by Joint Chiefs Chairman Martin Dempsey and Friday’s comments by Deputy National Security Adviser Ben Rhodes, it sounds like the U.S. Government is at least consideri...

As Bobby has noted, Karen DeYoung of the Washington Post is reporting that the Administration is now considering more seriously whether to ask Congress for authorization to use military force against the...

Here's the government's response to the GAO report, to which Wells linked yesterday, concluding that the Bergdahl trade violated the law. A statement from Pentagon Press Secretary Rear Admiral John Kirby...

The Washington Post reports tonight that the White House is actively considering whether to go to Congress to seek an explicit authorization to use force against ISIL.

Mention of politics, war powers, and legislative authorization to use further force in Iraq, reminds me: whatever happened with the War Powers Consultation Act of 2014 (“WPCA”), put forth by Senators Kai...

A few days ago I discussed why President Obama is shying away from seeking congressional authorization to use force against The Islamic State (IS, or ISIS, or ISIL).  But as the aims and scope of U.S. mi...

So concludes this report from the Government Accountability Office, which apparently was written in response to a request by various Senators. The document opens:

A number of friends and colleagues have asked me recently for recommended readings on the law of armed conflict and Gaza. I’ve decided, therefore, to post some of my suggestions and some explanation as t...