International and Foreign
2,949 Articles
Why al Bahlul is Rightly Decided
Over at Lawfare, I have a pair of longer posts following up on Friday’s quick-and-dirty summary of the D.C. Circuit’s ruling in al Bahlul v. United States, in which…
UN’s David Kaye on Encryption, Anonymity, and Human Rights
In his first report as UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, David Kaye fired a shot across the bow of governments…
Britain’s Al-Saadoon Case: A Matter of Human Rights Law and the use of Military Force Overseas
In March, the High Court of Justice of England and Wales found that the United Kingdom’s obligations under the European Convention on Human Rights (ECHR) can be activated extraterritorially…
What Rights Does International Law Afford Umm Sayyaf?
The legal machinations within the US government must have been considerable last month after an American special operations raid in Syria captured Umm Sayyaf, the wife of suspected…
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…
UK Investigatory Powers Review: A New Blueprint for Surveillance?
“the importance of clear law, fair procedures, rights compliance and transparency: not just fashionable buzz-words, but the necessary foundation for the trust between government…
An Important New Filing in the Continuing Saga of Mohamedou Ould Slahi
This morning, lawyers for Guantánamo detainee Mohamedou Ould Slahi–the international best-selling author of “Guantánamo Diary”–filed a new motion in the…
Will Assad Put Himself in US Crosshairs by Working With ISIL?
The news that Syrian troops are providing support to ISIL may add a dangerous new twist to the US campaign against the terrorist group and open up legal authority for the US to…
Supreme Court Sides with Executive Branch Over Jerusalem
Lots to say about this morning’s 6-3 decision in Zivotofsky v. Kerry, in which the Supreme Court struck down a provision of a 2002 Act of Congress that would have allowed U.S.…
Three Problems With Judge Brown’s Opinion in Tuaua
On Friday, I promised to write more about the D.C. Circuit’s decision in Tuaua v. United States, in which the three-judge panel (Brown, Silberman, & Sentelle, JJ.)…
Guest Post: Is There an International Duty to Use More Accurate Weapons?
In the heated debate about drones, relatively little attention has been given to their use by the US military to carry out attacks in battlefield zones such as Afghanistan, Iraq,…
A Veteran’s Perspective on “Killer Robots”
Technological advances in robotics and other fields are already assisting soldiers with dull, dirty, and dangerous jobs on the battlefield. Within the military such advances should…