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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Realpolitik and Closing Guantánamo: A Response to Deborah Pearlstein

A few weeks back, I posted about my new Fordham Law Review essay, “Detention After the AUMF,” which explains how the President could use existing authority–to…

Apr. 24, 2014 Steve Vladeck

Justice Breyer’s intriguing suggestions in Hussain: A sign of habeas challenges to come?

Last month I predicted that one or more Justices would issue a separate opinion when the Court denied certiorari in Hussain, and that the likely topic of such an opinion would…

Apr. 23, 2014 Marty Lederman

How We Read a NYTimes Story on Drone Strikes in Yemen

In this post, we’re trying something new. Below, we present an almost line-by-line annotation of yesterday’s New York Times story on US and Yemeni military operations in…

Apr. 23, 2014 Ryan Goodman and Sarah Knuckey

Court Decision Supports Broader Disclosures on US Drone War

The Second Circuit Court of Appeals’ decision yesterday that the Obama administration had waived its right to refuse to turn over legal memos justifying the killing of a U.S.…

Apr. 22, 2014 Daphne Eviatar

The Second Circuit and the Vices of Selective Disclosure

I’ve now had a full day to digest yesterday’s lengthy decision by the Second Circuit in New York Times v. Department of Justice, which, among other things, orders…

Apr. 22, 2014 Steve Vladeck

Judge Pohl’s order requiring disclosure of details of CIA’s “black sites” now unclassified

As I mentioned last week, in the al Nashiri military commission case, Judge Pohl has issued an order requiring that the prosecution turn over to the defense team the details —…

Apr. 22, 2014 Thomas Earnest

Consequences of the Fact-Based Armed Conflict Test in Yemen’s Internal Armed Conflict

Ryan’s recent post about ongoing “drone strikes” in Yemen raises an issue that has troubled me for quite some time from a legal, policy, and advocacy perspective. In the…

Apr. 22, 2014 Jonathan Horowitz

Letter to the Editor from Gabor Rona, On Justice Breyer’s Concurrence in Hussain

If Justice Breyer’s statement is a sign that the Supreme Court may now be willing to wrest its “war on terror” role back from the DC Circuit, it may be due…

Apr. 21, 2014 Letters to the Editor

Second Circuit Orders Release of Redacted OLC Aulaqi Memo

A big morning for courts and national security… next up is this immensely significant decision from the Second Circuit in New York Times v. Department of Justice, which,…

Apr. 21, 2014 Steve Vladeck

Justice Breyer’s Concurrence in Hussain

As Marty predicted back in March, the Supreme Court’s denial of certiorari this morning in the latest Guantánamo case to reach the Court–Hussain v. Obama–came…

Apr. 21, 2014 Steve Vladeck

Weak Tea: Seymour Hersh Elaborates His Views on Why to Trust Russian Spies

If you have been following the response to Sy Hersh’s claims that rebels—and not Assad’s forces—used chemical weapons in the fateful attacks on civilians in Syria in August…

Apr. 17, 2014 Ryan Goodman

In al Nashiri, Judge Pohl orders disclosure of details of CIA’s “black sites” to the defense

To say it has been an eventful week for the military commissions in Guantanamo might be an understatement. As Ruchi has covered each morning this week in the Early Edition, the…

Apr. 17, 2014 Thomas Earnest

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