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What Might Congress Do To Stop the Obama Administration From Disregarding Congressional Transfer Restrictions In the Course of Closing GTMO?
Last week I explained how the Obama administration might extend it constitutional arguments for disregarding statutory detainee transfer restrictions in the Bergdahl context to the restrictions on transf... -
More on the Legal Basis for the Administration’s Disregard of Congressional Restrictions on Detainee Transfers in the Bergdahl Context, and on the Implications for Closing GTMO
Last summer I wrote of the administration’s constitutional arguments for disregarding congressional transfer restrictions in swapping the Taliban 5 for Bowe Bergdahl: To say that the President disregarde... -
On the Issue of “Jurisdiction” over ICANN
By now readers of this blog know, the United States is in the midst of a transition that will, when completed, give up its contractual control of the Internet Assigned Numbers Authority (IANA). That aut... -
The Consequences of Congressional Inaction on the AUMF
Yesterday, I wrote about the consequences of congressional inaction over the next two months with respect to Section 215 of the Patriot Act. Today, I want to focus on another area where Congress is poise... -
What Does the Word "Implement" Mean in the Iran Framework Agreement?
Since last week’s announcement of a “framework agreement” on the Iranian nuclear program, I’ve been bothered by a handful of troublesome ambiguities. -
The Middle East Ticker
Twitter and YouTube have been blocked in Turkey. The move comes after the sites failed to comply with an order issued last week by the Istanbul First Criminal Courts of Peace to take down footage of an I... -
The Foreign Policy Essay: Eliminating Terrorist Safe Havens—One Size Does Not Fit All
Editor’s Note: Since 9/11, the United States has sought to prevent terrorists from enjoying safe havens from which they can build their organizations and plot attacks. Yet the term “safe haven” means dif... -
Key Documents on the Iran Deal
For those who want the key primary source materials on yesterday's Iran nuclear deal, here they are. The US Government issued a fact sheet on the parameters of the Joint Comprehensive Plan of Action (JC... -
On Palestine's Decision to "Hold Off" on Referring the Situation in Palestine to the ICC
Yesterday there was a small ceremony at the International Criminal Court to mark Palestine becoming the 123rd State Party to the Rome Statute. For all the attention this event received, what might ultim... -
"A Necessary, If Still Unpalatable, Potential Ally in Combating the Islamic State"
Remember these words the next time the New York Times runs a pious editorial decrying---with a spurious combination of selective facts and distorted law---some morally complicated aspect of U.S. -
The Bergdahl Roadmap to Unilateral Presidential Closure of GTMO
We have not paid enough attention to the significance of the administration’s legal argument in support of the Bergdahl trade for President Obama’s goal of closing GTMO. The Article II logic in the admi... -
On the 2014 Gaza War Assessment
The recent “2014 Gaza War Assessment: The New Face of Conflict” deserves careful reading and consideration by all LOAC scholars and practitioners. The report was written by five richly experienced retir...
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