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Government Shutdown Postpones Declassification Review of FISC Opinion

Today, the FISC granted the government’s motion to delay a declassification review of prior FISC opinions regarding the legality of Section 215 of the Patriot Act.  Contrary…
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Al-Liby: “Rendition to Justice” under Human Rights and Humanitarian Law

The U.S. government is reportedly holding Abu Anas al-Liby (Nazih Abdul-Hamed al-Ruqai) on a Navy ship following a military-led apprehension in Tripoli on October 5. The capture…
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News Roundup and Notes: October 8, 2013

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. U.S. raids On the operation…
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The Interface of IHL and IHR: A Taxonomy

As the excellent Jinks/Corn/Rona series on IHL/IHR notes, there are a number of theories surrounding the interface between international humanitarian law (or the law of armed conflict)…
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Al-Liby: Male Captus, Bene Detentus?

Further to Marty’s post today on the question of Libya’s consent vel non to the recent al-Liby operation, we should also call attention to a long-withheld OLC opinion (13 U.S.…
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Benghazi Oversight and the Death of Expeditionary Diplomacy

The assassination of Ambassador Chris Stevens in Benghazi, Libya on 9/11/2012 was a stark and sad example of the risks taken by diplomats who push out into the field in unstable…
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Harold Koh’s Case for Humanitarian Intervention

The week before last, Harold Koh posted a defense of President Obama’s authority to use force in Syria without congressional authorization. Last week Professor Koh turned to…
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Selective Disclosure About Targeted Killing

For several years, the ACLU has been pressing the Obama administration to be more transparent about the targeted-killing program.  I’m starting to wonder whether it understands…
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News Roundup and Notes: October 7, 2013

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. U.S. raids in Libya and…
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U.S. Military Operations Against al-Shabaab/al-Qaeda—and Who Exactly is Ikrima?

What domestic legal authority did President Obama invoke to send a team of Navy SEALs into Somalia this weekend to capture or kill a member of al-Shabaab, the terrorist organization…
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The Capture of Abu Anas al-Liby and the Attack on an al-Shabaab Leader [UPDATED as of Monday morning]

A couple of notes to follow up on Steve’s post [with UPDATES through Monday morning]: Abu Anas al-Liby is alleged to have been a leader in the al Qaeda conspiracy to bomb…
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The Baraawe Raid: A Test for the Obama Administration’s View of al Shabab? [UPDATED]

[Update: 10:10 p.m. (EDT): It now appears that earlier reports were premature–and that the Baraawe raid may have resulted in the death of the senior Shabab leader earlier…
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