On Friday, the DC Circuit held, in a 2-1 panel decision in Doe v.

In her post the other day, Marcy Wheeler hit on a theme I have been thinking a great deal about recently--indeed, that I have been writing a book about. So I know this is supposed to be a debate, but in ...

The European Court of Human Rights ("ECHR") yesterday released two judgments regarding the British military's alleged violation, in Iraq, of international human rights law. In the first case, Al-Skeini ...

I promised yesterday that I would collect and post my thoughts in response to Spencer Ackerman's and Marcy Wheeler's comments on drones and debates. Rather than try to take on the many big themes they ra...

Charlie Savage has an important piece regarding the Obama Administration's position on the scope of its authority under the AUMF, as it relates to al Shabab.  Quoting anonymous senior administration offi...

A few days ago, I posted this little comment concerning Eugene Robinson's column on drones. The response to it has, I confess, surprised me, particularly as it has focused largely on an off-hand remark I...

A couple of weeks ago, as Ben noted, Trevor Morrison posted an article addressing the Libya-hostilities-OLC debate.  An expanded and updated version of that paper is now available here at Harvard Law Rev...

What was the legal theory supporting the two-month period of military detention for Ahmed Warsame, preceding his arrival in the United States?  White House Spokesman Jay Carney had the following to say t...

Kandahar--Among the ceremonies in Afghanistan on this past July 4th was one having more to do with Afghans and their international partners than with the United States troops stationed here, though we Am...

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...