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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Road Map II: Legal Avenues to Prosecute a US Citizen for War Crimes—The Case of Gotabaya Rajapaksa

This is the second post arising out of a presentation I made at a congressional briefing earlier this month on issues of accountability in Sri Lanka. The analysis below is also…

Jul. 30, 2014 Ryan Goodman

European Court of Human Rights rules against Poland in CIA “black site” case

The European Court of Human Rights has handed down its much-awaited judgments in the cases of Abd al-Rahim al-Nashiri v. Poland and Abu Zubaydah v. Poland. The cases were brought…

Jul. 24, 2014 Ruchi Parekh

In Advance of Activating The Crime of Aggression

I had the pleasure of participating in an Interactive Panel Discussion on the crime of aggression at the United Nations yesterday on the occasion of International Justice Day (so…

Jul. 18, 2014 Beth Van Schaack

Letter to the Editor — Lt. Colonel David J. R. Frakt: What will Happen to al Bahlul?

I want to thank my esteemed colleagues Steve Vladeck and Marty Lederman for their very illuminating discussion of the D.C. Circuit’s recent decision in al Bahlul. I was Mr.…

Jul. 18, 2014 Letters to the Editor

What’s Left of Hamdan II? Quite a Lot, Actually…

Although it’s a bit further into the weeds than the issues Marty and I flagged in yesterday’s lengthy analysis of the en banc D.C. Circuit’s decision in al…

Jul. 17, 2014 Steve Vladeck

al Bahlul and the Future of “Domestic Law-of-War Offenses” in Military Commissions

As Steve wrote on Monday, the long-awaited en banc decision by the U.S. Court of Appeals for the D.C. Circuit in al Bahlul v. United States leaves unanswered many of the questions…

Jul. 16, 2014 Marty Lederman and Steve Vladeck

Road Map I: What More Congress (and the Administration) Can Do to Promote Accountability in Sri Lanka

The Obama administration has taken the lead internationally to promote accountability in Sri Lanka. The principal focus is on war crimes and crimes against humanity committed during…

Jul. 15, 2014 Ryan Goodman

A Quick and Dirty Summary of–and Reaction to–the Al-Bahlul Decision [UPDATED]

What follows is a very quick-and-dirty summary of this morning’s ruling by the en banc D.C. Circuit in Al-Bahlul v. United States. There are five opinions, but a couple…

Jul. 14, 2014 Steve Vladeck

En Banc D.C. Circuit Rejects Ex Post Facto Challenge to Guantánamo Military Commission

Here’s the 150 pages worth of opinions. The headline appears to be a rejection of Bahlul’s ex post facto challenge to his conspiracy conviction, but there’s a…

Jul. 14, 2014 Steve Vladeck

New Court Orders Signal More Drone Documents Are on the Way

For more than four years of Freedom of Information Act litigation concerning the government’s targeted-killing program, the government managed to avoid releasing a single document…

Jul. 11, 2014 Brett Max Kaufman

Joint Chiefs of Staff: Bergdahl exchange vital to keeping faith with American service members

All seven members of the Joint Chiefs of Staff have written a separate letter to the Chair of the Senate Armed Services Committee stating their support for the exchange of the…

Jul. 11, 2014 Ryan Goodman

The D.C. Circuit, Article II, and the Constitutionality of the Guantánamo Transfer Restrictions

When President Obama transferred five Taliban detainees from Guantánamo in exchange for American POW Bowe Bergdahl, forests were felled over whether the Obama Administration…

Jul. 10, 2014 Steve Vladeck

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