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An Overview of the DC Circuit’s Opinion in <em>Al Bahlul v. United States</em>
On June 12, a three-judge panel of the D.C. Circuit handed down its decision in the most recent iteration of Al Bahlul v. United States, vacating defendant Ali Hamza Suliman al Bahlul’s conviction for in... -
Magna Carta, Due Process, and the Prohibition against Arbitrary Imprisonment or Killing
Eight hundred years ago today, English barons obliged King John to sign Magna Carta. In honor of the anniversary, I thought I might share a brief passage on the subject from my book manuscript (I'm in t... -
Latest Guantanamo Disposition Numbers
A useful chart courtesy of Covington & Burling showing the disposition of Guantanamo cases since the beginning of the Obama administration: -
The Attack on Belmokhtar and the Scope of the AUMF
It appears that the United States conducted an airstrike in Libya yesterday, targeting and killing Mokhtar Belmokhtar--a notorious Algerian terrorist who was once a member of GIA and GSPC, continued as a... -
Military Courts and Article III Functionalism: <br> What <em>Al Bahlul</em> Should Have Said
At their simplest, both Judge Henderson's 85-page dissent from the D.C. Circuit's decision in al Bahlul v. -
CIA Releases Declassified Documents Related to 9/11
The Central Intelligence Agency has released five newly declassified documents. The release states that each document related to a 2005 Office of Inspector General (OIG) report examing the Agency's accou... -
Department of Defense Releases Law of War Manual
The U.S. Department of Defense's Office of the General Counsel has released its long-awaited Law of War Manual. The greatly anticipated tome is the product of a multi-year effort by military and civilian... -
“State Opinio Juris and International Humanitarian Law Pluralism” by Michael N. Schmitt and Sean Watts
Mike Schmitt is well-known to many, probably most, regular readers of Lawfare—eminent and prolific scholar of the law of armed conflict (or international humanitarian law); driving force behind the Talli... -
Guantanamo Detainee Files Supplemental Memorandum on the End of the War in Afghanistan
On June 5, 2015, in connection with recent motions practice, attorneys for habeas petitioner Mukhtar Yahia Naji al Warafi filed a supplemental memorandum with the U.S. District Court for the District of ... -
SEAL Team 6 in the Spotlight: Takeaways from the Times' Article
This weekend the New York Times ran a lengthy piece about SEAL Team 6, with the dramatic subtitle “A Secret History of Quiet Killings and Blurred Lines: The unit best known for killing Osama bin Laden ha... -
Five Important (Or At Least Interesting) Provisions in the Intelligence Authorization Bill HPSCI Passed
One thing I love about the various annual authorization bills is that they often contain very interesting but little-noticed provisions. The Intelligence Authorization Act for Fiscal Year 2016, which HP... -
A New Round of GTMO Transfers?
From Defense One:
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