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If We Don't Need an AUMF for Iraq, Why Would Repeal of the 2001 AUMF Matter?
This coming Wednesday evening, President Obama will address the country on the topic of Iraq and the Islamic State, describing his strategy and making the case to the public to support an approach that n... -
More on CIA Drone Strikes, Covert Action, TMA, and the Fifth Function
Yesterday Kevin Heller and I exchanged views on the possible sources of domestic authorization for the CIA to conduct drone strikes. -
The Foreign Policy Essay: The Price of “Novorossiya”
Editor’s Note: Pundits in the United States and Europe worry that Russia’s invasion of Ukraine heralds the rebirth of an aggressive and dangerous adversary. Yet while Russia’s so-far successful military ... -
CIA Drone Strikes and the Public Authority Justification
In a pair of posts (here and here), Kevin Heller at Opinio Juris explores a very interesting question: What exactly is the domestic legal foundation for the CIA’s use of lethal force given that the 2001 ... -
Transatlantic Dialogue on Int'l Law and Armed Conflict: Ken Watkin on the IHL/IHRL Interface
The next installment in the series of posts derived from this summer's Transatlantic Dialogue on International Law and Armed Conflict is now live at the ICRC's Intercross blog. It is from Ken Watkin, and... -
DOD Confirms Death of Ahmed Godane
The White House has just released a statement confirming the death of Ahmed Godane, the leader of Al Shabaab in Somalia. According to the statement, the U.S. military targeted Godane in a successful air ... -
Transatlantic Dialogue on International Law and Armed Conflict: When Does LOAC Cease to Apply?
As Dapo Akande of Oxford and Tracey Begley of the ICRC explain here and here, the next few weeks will see a series of short pieces posted here at Lawfare, at EJIL:Talk! -
A New Drone Strike in Somalia: Is the 2001 AUMF Needed?
To the best of my knowledge, the U.S. government has not asserted that al Shabaab as a whole is an associated force of al Qaeda engaged in hostilities against the United States subject to the 2001 AUMF. ... -
A New Tactic to Avoid War Powers Resolution Time Limits?
Yesterday President Obama sent a War Powers Resolution (WPR) letter to Congress concerning U.S. -
The Foreign Policy Essay: Why Iran Won’t Leave Afghanistan
Editor's Note: The United States plans to draw down its military forces in Afghanistan at the end of this year, and for most Americans, this move will put the conflict behind us. One country, however, wi... -
Judge Scheindlin Dismisses Remaining ATS Claims Against Ford and IBM in Long-running Apartheid Litigation
As Lawfare readers may have seen from press reports, on Thursday, SDNY Judge Shira Scheindlin dismissed the Alien Tort Statute suit against Ford Motor Company and IBM in connection with their business ac... -
Second Circuit Affirms Official Acts Immunity for Pakistani ISI Chiefs; Rejects Jus Cogens Exception
In a summary order yesterday, a panel of the Second Circuit affirmed the dismissal by EDNY Judge Dora Irizarry of an Alien Tort Statute suit against two former directors of the Pakistani Inter-Services I...
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