Robin Simcox, research fellow at the Henry Jackson Society in London---who wrote this guest post for Lawfare last year about control orders in the UK---writes in after last week’s horrific terrorist atta...

Bobby’s post from Friday argued that “the current shadow war approach to counterterrorism doesn’t really require an armed-conflict predicate–or an AUMF, for that matter.”  Bobby’s point is that most if n...

This post draws on material from my current book project, the concluding chapter of which considers the legal architecture of counterterrorism in a "postwar" setting...and advances the argument that we a...

As Wells reported this morning, the D.C. Circuit has affirmed the habeas denial in Al Warafi. Mukhtar Yahia Naji Al Warafi unsuccessfully argued that even if he was a member of the Taliban, he was entitl...

In 2010, Yemeni detainee Hani Abdullah had sought a preliminary injunction from the district court.  He argued that the United States had to treat him in accordance with an executive agreement concluded ...

Judge David Sentelle wrote today's majority opinion in this long-running habeas case, in which Mukhtar Yahia Naji Al Warafi had claimed (among other things) that even if he was a Taliban member, he serve...

The President's speech was a dog's breakfast: some good parts, some bad parts, and some ugly parts. The Good.   The most significant part of the speech was the President's description of clearer standar...

President Obama made two important announcements about aspects of Guantanamo and its detainees in his speech today. These are worth flagging before I pivot and harp on the big problem with the President'...

In his speech today, President Obama explicitly raised this perennial, maddeningly difficult issue.

Before it gets lost in the coverage of this afternoon's speech by the President, I wanted to flag a very important development in the ongoing saga that is the Bradley Manning court-martial.

In his speech this afternoon, the President is expected to announce a renewed effort to close Guantanamo.   This will require hard work, both with Congress and with other countries.   When the President ...