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936 Articles

The Newly Released National Security Framework Report: An Important Step Forward

On Tuesday, President Obama made the case in his final national security speech that staying true to American values is not a weakness, but the country’s greatest strength…

The Bobbitt Version

Beginning in 2002 with the publication of The Shield of Achilles: War, Peace and the Course of History and continuing through Terror and Consent: the Wars for the Twenty First…
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What’s Actually New in the New Drone Strike & Military Force Disclosures?

Yesterday, President Barack Obama released a series of documents relating to the use of military force abroad, including a 66-page Report on the Legal and Policy Frameworks Guiding…
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The DoD Law of War Manual and the False Appeal of Differentiating Types of Civilians

In a recent speech at NYU, Department of Defense General Counsel Jennifer O’Connor suggested that after an impending revision, the US Law of War Manual would reflect the position…
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Two lingering concerns about the forthcoming Law of War Manual amendments

We commend Department of Defense General Counsel Jennifer O’Connor for her very important speech at NYU Monday evening—especially for her vivid, detailed account of how the…

Philip Bobbitt’s War Without Tears

In times of war, it’s sometimes said, the laws fall silent—but the laws, and the human rights lawyers who would enforce them, are still faintly murmuring, and these faint murmurs…
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“Applying the Law of Targeting to the Modern Battlefield‎” – Full Speech Given by DOD General Counsel Jennifer O’Connor

Below is the speech, “Applying the Law of Targeting to the Modern Battlefield‎,” given by Jennifer O’Connor, general counsel of the Department of Defense, tonight…
A comic by Tom Kleh with people in suits raising umbrellas as if they are swords or guns. They each have a briefcase on the ground next to them. One man in a suit carries an umbrella like a weapon and inspects the the group.

The ACLU Goes to War

The Drone Memos collects important memoranda from the Justice Department, addresses by Barack Obama, John Brennan, Harold Koh, Eric Holder and others, executive orders and various…

Questions for the Defense Department’s General Counsel

On Monday, Nov. 28 at 6 p.m., Jennifer O’Connor, general counsel of the Department of Defense, is giving a talk at NYU School of Law on “Applying the Law of Targeting to the…
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Smith v. Obama: The Political Question Doctrine Misapplied

Having joined The Constitution Project in an amicus brief in Smith v. Obama, I am disappointed the U.S. District Court for the District of Columbia decided to dismiss the case…

Trump’s Whistleblowers—Whether Limited Pardons for Manning and Snowden Makes Sense Now

Whatever you might have previously thought about the notion of President Barack Obama pardoning Chelsea Manning and Edward Snowden, the election of Donald Trump changes everything.…
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US Transparency Regarding International Law in Cyberspace

Last Thursday, State Department Legal Adviser Brian Egan, delivered an important speech at Berkeley Law School on the relationship between international law and cyber activities. …
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