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GTMO Update on the final 61 detainees–PRB initial review hearings (finally) completed
Today marked the final of the “initial” Periodic Review Board hearings for detainees at Guantánamo who are not either already cleared for transfer or charged in the…
Labor Day at Just Security
In observance of Labor Day, Just Security will be on an abbreviated schedule with a lower volume of posts than normal. If any major, time-sensitive developments occur, we will…
Recap of Recent Posts on Just Security (Aug. 29 – Sept. 2)
I. The Law of Armed Conflict and Yemen Beth Van Schaack, Evaluating Proportionality and Long-Term Civilian Harm under the Laws of War (Monday, Aug. 29) Ryan Goodman and Miles…
Foreign Governments, Tech Companies, and Your Data: A Response to Jennifer Daskal and Andrew Woods
In a thoughtful August 1 piece in Just Security and Lawfare, law professors Andrew Woods and Jennifer Daskal urged Congress to embrace a legislative proposal by the US Justice…
Evaluating Proportionality and Long-Term Civilian Harm under the Laws of War
As noted by Alex Whiting in his piece last week, the law of armed conflict, or international humanitarian law (IHL), contains broad principles and prohibitions that are applied…
Recap of Recent Posts on Just Security (Aug. 22 – Aug. 25)
I. The 2016 Presidential Election Ryan Goodman, Trump’s CEO’s Smear Campaign Against Gold Star Father Khizr Khan – Headlines and Excerpts (Tuesday, Aug. 23) II. The…
Are Saudi-led Coalition Forces Committing War Crimes in Yemen?
This month, Saudi-led coalition forces recommenced airstrikes on Sanaa, the capital of Yemen, targeting the forces of Ansar Allah (known as the Houthis), after peace talks that…
The ICRC Updated Commentaries: Reconciling Form and Substance, Part I
Sean Watts’ July 5, 2016 post focuses attention on two significant documents intended to clarify “how best to read and understand the law of war” in the 21st Century: the…
More on Captain Smith’s “following orders” theory of standing (and Little v. Barreme)
As I explain in my previous post, Captain Smith is right that his suit is not barred by the political question doctrine, and he also raises very difficult and important arguments…
Recap of Recent Posts on Just Security (Aug. 15 -19)
I. The Supreme Court and Courts Martial Steve Vladeck, Is it Unconstitutional for the Supreme Court to Hear Court-Martial Appeals? (Monday, Aug. 15) II. The Presidential Policy…
Captain Smith’s brief on the merits in the litigation challenging the legality of Operation Inherent Resolve (PQD and merits)
Last night, Captain Nathan Michael Smith filed his memorandum in opposition to the government’s motion to dismiss his suit challenging the legality of Operation Inherent…
Judicial Enforcement of a Senate Subpoena of Backpage.com
Last week, the DC Circuit temporarily stayed an order enforcing a US Senate subpoena for records from the classified advertising site, Backpage.com, which has come under scrutiny…