Armed Conflict
Use of Force
822 Articles

10 Years of Drone Strikes in Pakistan–but do you know whether it’s an “area of active hostilities”?
Today marks the ten-year anniversary of the first reported US drone strike in Pakistan (punctuated by another one today). Yet there is still official silence about a crucial…

Targeting Transparency: A Call for DoD to Automatically Release Investigations of Civilian Casualties in Armed Conflict
There has been much discussion on the lack of demonstrable government follow through after President Obama’s 2013 claims of increased transparency of US lethal targeting of suspected…

Major development concerning transparency of the use of force in Yemen
“I think the rule should be that if we’re going to take actions overseas that result in the deaths of people, the United States should take responsibility for that.”…

David Barron and the OTHER missing memos
David Barron was just confirmed to the First Circuit. To secure that vote, the Administration announced it would not appeal the Second Circuit’s order to turn over a redacted…

Is the CIA Drone Program More Accurate than the DOD’s—and if so, why?
Some commentators suggest that we have the data: CIA-directed drone strikes appear to involve fewer civilian casualties (e.g., less collateral damage) on average than DOD-directed drone…

Why Civil Libertarians and Drone Critics Should Support David Barron
Sen. Rand Paul has an op-ed in the New York Times today opposing the nomination of David J. Barron to the U.S. Court of Appeals for the First Circuit until the memos Barron wrote…

Legal Action Taken to Expose Denmark’s Role in US Targeted Killing Program
As reported in today’s Just Security Roundup, news this morning out of Denmark is that the Open Society Justice Initiative (OSJI) is pursuing a potential suite of legal actions…

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.…

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…

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…

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,…

New study may explode some myths about drones (and may create new ones)
The CNA Corporation, a non-profit research and analysis organization which runs the Center for Naval Analyses, recently published an important report by Larry Lewis, entitled Drone…