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.

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Why al Bahlul is Rightly Decided

Over at Lawfare, I have a pair of longer posts following up on Friday’s quick-and-dirty summary of the D.C. Circuit’s ruling in al Bahlul v. United States, in which…

Jun. 17, 2015 Steve Vladeck

The Law of War Manual is here (no, really)

The last time the U.S. Department of Defense published a comprehensive manual on the law of war was in 1956, when Richard Baxter set the standard. Much has happened since then–the…

Jun. 12, 2015 Marty Lederman

What al Bahlul Says, and What It Means

It’s going to take some time to fully work through the lengthy opinions handed down by the D.C. Circuit this morning in al Bahlul v. United States. But at the risk of…

Jun. 12, 2015 Steve Vladeck

al-Bahlul decided: Court invalidates military commission conviction for domestic-law offense

The U.S. Court of Appeals for the District of Columbia Circuit by a 2-1 vote (Rogers and Tatel, Henderson dissenting) has overturned the conspiracy conviction on Article III grounds.…

Jun. 12, 2015 Marty Lederman

Closing Guantánamo Will Help Combat Terrorist Propaganda

It’s no secret that extremist groups like al-Qaeda and ISIL use the American prison at Guantánamo Bay as a recruiting tool and rallying cry against the United States. The topic…

Jun. 12, 2015 Adam Jacobson

The Ridiculous GTMO Counsel-Stripping Amendment: An Easy Vote

[UPDATE: The Amendment failed by a vote of 133-297.] Steve has already described the likely constitutional problems with the latest Guantanamo amendment designed to strip funding…

Jun. 11, 2015 Jennifer Daskal

Why the Latest Ridiculous Guantánamo Amendment is Almost Certainly Unconstitutional

Later today, the House of Representatives appears set to vote on the following amendment to the Department of Defense appropriations bill, sponsored by Missouri Congressman Jason…

Jun. 11, 2015 Steve Vladeck

An Important New Filing in the Continuing Saga of Mohamedou Ould Slahi

This morning, lawyers for Guantánamo detainee Mohamedou Ould Slahi–the international best-selling author of “Guantánamo Diary”–filed a new motion in the…

Jun. 10, 2015 Steve Vladeck

The Senate’s Guantánamo Bill: A Wolf in Sheep’s Clothing

This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…

Jun. 8, 2015 Daphne Eviatar

Three Problems With Judge Brown’s Opinion in Tuaua

On Friday, I promised to write more about the D.C. Circuit’s decision in Tuaua v. United States, in which the three-judge panel (Brown, Silberman, & Sentelle, JJ.)…

Jun. 7, 2015 Steve Vladeck

Text of the Senate Bill for Closing Guantánamo Plus White House’s Veto Recommendation

This week, the full Senate is considering the proposed Fiscal Year 2016 Defense Authorization bill, the text of which was very recently made public. While the bill covers billions…

Jun. 4, 2015 Just Security

The apparent end of the “gag orders” for GTMO detainees

Back in February, I explained that the protective orders in two Military Commissions cases had been amended to now permit the defendants and their counsel to speak publicly about…

Jun. 3, 2015 Marty Lederman

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