Recent Articles
The President’s Speech, Al Qaeda and the Legal Challenge of the Future
One of the most striking features of President Obama’s 28 May 2014 commencement address at West Point was its “turning the page” theme. The speech sought to look at the major…
Jones: End of the road
Yesterday, June 3, the Grand Chamber issued a notice “Grand Chamber Panel’s Decisions” which notes that a request for referral to the Grand Chamber has been rejected in the…
DoJ Requires Electronic Recording of Interrogations – But Not in National Security Cases
In an important decision not widely reported, the Department of Justice last month adopted a policy requiring that interrogations of suspects arrested by the principal federal…
News Roundup and Notes: June 4, 2014
Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. American prisoner exchange…
Stepping back from the precipice in Bond
[Also posted on Opinio Juris.] The Supreme Court has finally issued its decision in United States v. Bond. Although it appeared the Court might be on the brink of a momentous…
The Administration’s explanation for why it was lawful not to wait 30 days to complete the Bergdahl exchange
National Security Council Caitlin Hayden just issued this statement concerning “why it was lawful for the Administration to proceed with the [Bergdahl] transfer notwithstanding…
Is Snowden Obliged to Accept Punishment?
This is Secretary of State John Kerry’s answer, given May 28 on CBS This Morning: “He should man up, come back to the United States. If he has a complaint about what’s…
The Bergdahl Exchange [Fifth UPDATE (with clarification)]
This is truly wonderful news. The five Taliban detainees transferred to Qatar apparently are: Abdul Haq Wasiq (ISN 004) Mullah Norullah Noori (ISN 006) Mullah Mohammad Fazl (ISN…
Title 18’s Blind Spot: Superior Responsibility
We have discussed at length the ability of the United States government to prosecute international crimes in terms of chargeable crimes and bases of jurisdiction. Ryan Goodman…
News Roundup and Notes: June 3, 2014
Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. American prisoner exchange…
Letter to the Editor Responding to Steve Vladeck on Gitmo Force Feeding
I enjoyed Steve’s post, although I think the “nobody cares anymore” premise is largely correct, if by “nobody,” we mean the public. Perversely, this is a function of…
What is to be Gained from Pursuing Accountability Now in Syria?
Beth Van Schaack’s recent posts (see here, here, and here) on the proposed Syria hybrid tribunal prompted an astute response from Rianne Letschert: @BethVanSchaack @janethanderson…