One line of criticism emerging this morning in relation to the Ahmed Warsame situation is the argument that Warsame should be tried by military commission rather than in a civilian court.  Ben nails it h...

As Bobby notes, the recently announced criminal prosecution of Ahmed Abdulkadir Warsame, captured overseas almost three months ago by U.S. military forces, could be an important test of an emerging hybri...

Last week I posted about testmony from Admiral McRaven and General Allen concerning the lack of U.S.-controlled detention option in a world in which the executive branch does not want to see anyone broug...

Deborah Pearlstein and Ben have been exchanging posts in relation to the pending NDAA legislation and detention authority issues.  One passage in the exchange struck me as particularly significant.  Deb ...

The Washington Post reports this morning that JSOC recently carried out a drone strike in Somalia, targeting two al-Shabab leaders.  The piece emphasizes that the Administration has recently highlighted ...

As things stand now, the National Defense Authorization Act could end up being a disaster for the Obama administration on detainee matters. Much of the fault for this lies with Congress, a bipartisan maj...

Marty Lederman offers this analysis over at Balkinization of two critical amendments proposed by Senator Richard Lugar and adopted by the Senate Foreign Relations Committee yesterday. Lederman points ou...

[UPDATE: See here for a clarification; contrary to my original read below, it appears Admiral McRaven did not mean for the list of disposition options to refer to non-AUMF scenarios] While many eyes were...

Eric Posner and Adrian Vermeule have an essay in Slate that argues that it was appropriate for President Obama to ignore OLC’s advice related to the War Powers Resolution.  The thrust of their argument, ...

Harold Koh's written testimony in connection with today's SFRC hearing on the WPR and Libya is now available.

For the benefit of those who could not watch the SFRC hearing this morning on Libya and the WPR, here are highlights from the oral testimony from State Department Legal Advisor Harold Koh (the written te...

The following is a guest post from Peter Margulies (Roger Williams Law), reporting highlights from the Naval War College's International Law Conference 2011 ("Non-International Armed Conflict in the 21st...