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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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Alternative Jurisdictional Bases for a Hybrid Tribunal for Syria

As we have discussed, one option under consideration to address the commission of grave international crimes during the conflict in Syria is the creation of a hybrid tribunal within…
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Targeting Transparency: A Call for DoD to Automatically Release Investigations of Civilian Casualties in Armed Conflict

There has been much discussion on the lack of demonstrable government follow through after President Obama’s 2013 claims of increased transparency of US lethal targeting of suspected…
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Major development concerning transparency of the use of force in Yemen

“I think the rule should be that if we’re going to take actions overseas that result in the deaths of people, the United States should take responsibility for that.”…
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Taking on “Killer Robots”

New weapons that could revolutionize killing are on the horizon. Lethal autonomous weapons systems, also called fully autonomous weapons or “killer robots,” would go beyond…
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Ending the Forever War: One Year After President Obama’s NDU Speech

Today, May 23, 2014, marks the one-year anniversary of President’s important speech at the National Defense University (NDU) setting forth his proposed framework for post-9/11…
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David Barron and the OTHER missing memos

David Barron was just confirmed to the First Circuit. To secure that vote, the Administration announced it would not appeal the Second Circuit’s order to turn over a redacted…
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Is the CIA Drone Program More Accurate than the DOD’s—and if so, why?

Some commentators suggest that we have the data: CIA-directed drone strikes appear to involve fewer civilian casualties (e.g., less collateral damage) on average than DOD-directed drone…
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