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Just Security

The Government’s Overstated Rehearing Petition in al Bahlul

I wasn’t originally planning to blog about the petition for rehearing en banc filed by the government on Monday in al Bahlul v. United States, challenging the three-judge…
Just Security

Jen Daskal’s The Un-Territoriality of Data is Honored

Yesterday, I had the pleasure of attending a luncheon honoring winners for best of the 2014-2015 Call for Papers by the Southeastern Association of Law Schools (SEALS) at its annual…
Just Security

Mavi Marmara Case Update: Prosecutor Files Notice of Appeal

Last week I argued here that the ICC Prosecutor should appeal or refuse to follow the Pre-Trial Chamber’s (PTC) majority order to reconsider her decision not to open a formal…
Just Security

Obama’s Trip to Kenya: Putting Accountability and Reconciliation on the Agenda

President Obama will be visiting Kenya this weekend for the first time since he became President, and high on his agenda will be addressing regional and global security. Kenya…
Just Security

The ICC Prosecutor’s New Draft Strategic Plan

Back in October 2013, I wrote here about International Criminal Court (ICC) Prosecutor Fatou Bensouda’s strategic plan for 2012-2015, which marked a change in direction towards…
Just Security

The Law of War is Not About “Chivalry”

Editor’s Note: Just Security is holding a “mini forum” on the new Defense Department Law of War Manual. This series includes posts from Sean Watts, Eric Jensen, Adil Ahmad…
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Abu Ghraib and the Perversion of the Political Question Doctrine

I’ve written extensively about the important and complex legal questions raised by state-law tort suits against private military contractors, many of which have arisen in…
Just Security

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…
Just Security

U.S. Policy on the ICC Crime of Aggression Announced

At the Annual Meeting of the American Society of International Law earlier this month, Professor Michael J. Matheson of George Washington University Law School chaired a fascinating…
Just Security

The European Convention meets the Crisis in Ukraine

This post is part II of a series on the European Union and Council of Europe’s response to the Ukraine Crisis. In parallel to the muti-pronged EU action I discussed on Friday,…
Just Security

European Legal (In)Action and the Ukraine Crisis

While political responses, dispersed with rhetoric flourishes, continue to be dispensed by European leaders reacting to the sustained crises that follow from Russian annexation…
Just Security

When Does Int’l Humanitarian Law Call for Releasing Prisoners in Armed Conflicts

On March 30, lawyers representing five Afghan detainees at Guantanamo Bay asked President Obama and four senior administration officials to release their clients on the grounds…
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