As I noted yesterday, the highest court in the U.S. military justice system—the Article I Court of Appeals for the Armed Forces (“CAAF”), a circuit-level court with mostly discretionary jurisdiction over...

Given the track record of the Law of War revision project, smart money probably has to be on the ICRC, even with a 2015 estimate for the first volume in their new series (see here).  Of course, both proj...

Over at the AEIdeas blog, Marc Thiessen asks derisively: “Why is the ACLU suiting Panetta, Petraus over Awlaki Killing—But Not President Obama?” He writes: if it’s accountability they want, then why isn...

In Power and Constraint, I argued (in a chapter summarized here) that the Center for Constitutional Rights litigation strategy for GTMO garnered crucial judicial support for GTMO detentions that in the e...

I have now read through the ACLU-CCR lawsuit on behalf of the Al-Aulaqi and Khan families. Here are my initial thoughts: First, this lawsuit does not suffer from the prohibitive standing problem that pl...

As Ben says, there is a lot to talk about with respect to al-Aulaqi v. Panetta, a civil suit filed today by the ACLU and CCR in an attempt to obtain money damages for airstrikes conducted by the United S...

The ACLU has filed suit over the deaths in drone strikes of three U.S. citizens: Anwar Al-Aulaqi, his 16-year-old son, and AQAP propagandist Samir Khan. The complaint is available here. The ACLU's press ...

Ben already posted last week about the new battle a-brewing over the "Memorandum of Understanding" (MOU) that the Department of Justice is apparently requiring counsel in the Guantanamo habeas cases to s...

Daniel Cahen, the Legal Advisor to the ICRC's Regional Delegation for the United States and Canada, responds to my original post on Syria/LOAC with the following guest post: The publication of an intervi...

Gabor Rona responds to my earlier post (and Kevin Heller's reply) on Syria and LOAC:  1) I agree fully with Kevin. And let me know if I've misunderstood anyone here, but my understanding of the historic ...

Kevin Heller writes in with the following observation in response to my post yesterday on Syria/LOAC: I liked your post on Syria and the ICRC, but this statement gave me pause: "The ICRC’s past and prese...

In today's Washington Post, the paper reports that the United States has missed a statutory deadline of July 1, 2012 that required the government to scan all inbound cargo containers for radioactive mate...