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Reflections on What the Drone Memo Does and Doesn’t Say

There is already a lot of commentary on the OLC drone memo, and likely more to come. Here, I just want to highlight three key issues that should be part of the mix: #1: Issues…
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The Constitutional Question the Drone Memo Didn’t—and Couldn’t—Answer

Yesterday’s release of the Office of Legal Counsel’s “drone memo” (which, at some point, we should stop referring to in the singular) has provoked an understandable…
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DOJ OLC Targeted Killing Memo Released

This morning the 2nd Circuit published a redacted version of the long-sought Department of Justice OLC memo that authorized the killing of U.S. citizen, Anwar al-Awlaki. We’ve…
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Backgrounder for Release of OLC’s Targeted Killing Memo

As Jameel discussed in an important post—“The Drone Memo Cometh”—the Second Circuit appears poised to publish the Office of Legal Counsel’s memorandum on the targeted…
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The Drone Memo Cometh

“Severe Clear,” a project by artist David Birkin. Skywriting appears over New York City in a celestial “Glomar” response. For more, see Birkin’s post here.   In…
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10 Years of Drone Strikes in Pakistan–but do you know whether it’s an “area of active hostilities”?

Today marks the ten-year anniversary of the first reported US drone strike in Pakistan (punctuated by another one today). Yet there is still official silence about a crucial…
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Autonomous Weapons Debate: Three issues for further consideration

As recently reported by Sarah Knuckey and Bonnie Docherty, the “Certain Conventional Weapons (CCW) Informal Meeting of Experts on Lethal Autonomous Weapons Systems” was held…
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The President’s Speech, Al Qaeda and the Legal Challenge of the Future

One of the most striking features of President Obama’s 28 May 2014 commencement address at West Point was its “turning the page” theme. The speech sought to look at the major…
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Stepping back from the precipice in Bond

[Also posted on Opinio Juris.] The Supreme Court has finally issued its decision in United States v. Bond.  Although it appeared the Court might be on the brink of a momentous…
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Title 18’s Blind Spot: Superior Responsibility

We have discussed at length the ability of the United States government to prosecute international crimes in terms of chargeable crimes and bases of jurisdiction. Ryan Goodman…
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What is to be Gained from Pursuing Accountability Now in Syria?

Beth Van Schaack’s recent posts (see here, here, and here) on the proposed Syria hybrid tribunal prompted an astute response from Rianne Letschert: @BethVanSchaack @janethanderson…
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Force Feeding at Guantanamo and Judge Gladys Kessler

In his commencement address at West Point on May 28, President Obama said, “What makes [America] exceptional is not our ability to flout international norms and the rule of law,…
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