Armed Conflict

Just Security’s expert authors provide analysis on the legal, policy, and strategic dimensions of armed conflict, including the Russia-Ukraine war, the Israel-Hamas war, counterterrorism operations, conflicts in the Middle East and North Africa, and other armed conflicts across the globe, with a focus on international humanitarian law, war crimes and accountability, mitigating and remedying civilian harm, and the humanitarian impacts of warfare.

Civilian Harm Israel-Hamas War Law of Armed Conflict/IHL Russia-Ukraine Sudan Use of Force

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Counting to Six in Al Bahlul IV

I have nothing of substance to add to Marty’s excellent recap of this morning’s en banc D.C. Circuit oral argument in “Al Bahlul IV,” and agree with him entirely that…

Dec. 1, 2015 Steve Vladeck

Reflections from the en banc al Bahlul oral argument

The U.S. Court of Appeals for the D.C. Circuit, sitting en banc (absent Judge Srinivasan, who is recused) just finished hearing about 90 minutes of oral argument in the al Bahlul…

Dec. 1, 2015 Marty Lederman

Abstention and the “Other” D.C. Circuit Military Commission Appeal

Lots of attention has been focused both here and elsewhere in recent days on tomorrow’s en banc oral argument before the D.C. Circuit in “Al Bahlul IV,” which makes a lot…

Nov. 30, 2015 Steve Vladeck

We Don’t Need to Broaden Military Commissions’ Jurisdiction

Editor’s Note: This is the most recent post in a mini-symposium leading up to tomorrow’s en banc oral argument in the US Court of Appeals for the District of Columbia Circuit…

Nov. 30, 2015 James Benjamin and Rita Siemion

Clarifying what’s at stake in al Bahlul (short answer: judge and jury) . . . and what’s not

Editor’s Note: This is the most recent post in a mini-symposium leading up to tomorrow’s en banc oral argument in the U.S. Court of Appeals for the District of Columbia Circuit…

Nov. 30, 2015 Marty Lederman

The President’s NDAA signing statement re: GTMO and anti-torture provisions

The President today signed into law into law S. 1356, the National Defense Authorization Act for Fiscal Year 2016. The good news is that Section 1045 of the NDAA in effect codifies…

Nov. 25, 2015 Marty Lederman

Al Bahlul and the Risks of Legitimating Departures from Article III Jurisdiction

Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can check…

Nov. 25, 2015 Jonathan Hafetz

Power Wars Symposium: A Study in Contrasting Views of Executive Authority

Editor’s Note: This is the latest entry in a symposium Just Security is hosting in conjunction with the recent release of Power Wars: Inside Obama’s Post-9/11 Presidency by…

Nov. 25, 2015 Dawn Johnsen

No War Crime? No War Crimes Trial!

Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can check…

Nov. 24, 2015 David Glazier

Still Secret: Second Circuit Keeps More Drone Memos From the Public

Secret law has been anathema to our democracy since its Founding, but a federal appeals court just gave us more of it. Almost two centuries ago, James Madison wrote that “[a]…

Nov. 24, 2015 Brett Max Kaufman

Why Al Bahlul IV Won’t Matter

Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can check…

Nov. 24, 2015 Steve Vladeck

Al Bahlul’s Commission Conviction and the Pragmatic Jurisprudence of Article III

Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can…

Nov. 23, 2015 Peter Margulies

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