Afghanistan
365 Articles
Afghanistan Withdrawal & Wartime Contract Oversight
Ukraine notwithstanding, many recent conflicts have been asymmetrical and sub-state, with ramifications for various legal doctrines, including the law of armed conflict, humanitarian…
State Practice and the Use of Force: Iran Invokes the “Unwilling or Unable” Test against its Neighbors
Can the United States send armed forces into another state to deal with a national security threat from a militant group when the host state is “unwilling or unable” to contain…
Do “Extrajudicial Releases” of Afghan Detainees Violate International Law?: The Missing Legal Arguments
Today’s release of detainees by Afghan authorities, from the Parwan detention facility near Bagram airfield, has met with strong responses by the US embassy in Kabul (here) and…
A Reply to Gabor Rona on “Extrajudicial Release” in Afghanistan
In his post “Extrajudicial Release: A New Rule-of-Law Problem?” Gabor Rona rightly criticizes U.S. officials’ use of the term “extrajudicial release.” It is a troubling…
Extrajudicial Release: A New Rule-of-Law Problem?
Monday’s Wall Street Journal reported on the release, this past Sunday night, of a statement by U.S. Forces-Afghanistan, lamenting the decision of an Afghan-led review board…
General Stanley McChrystal Discusses the Downsides of Drones
In an interview with BBC Radio 4, General Stanley McChrystal, the retired commander of forces in Afghanistan, stated his general view that the use of drones will and should increase.…
Gates v. Biden on Afghanistan: What the Media Coverage Doesn’t Tell You
Robert Gates’s Duty contains a more nuanced account of his discord with Joe Biden on Afghanistan policy than any coverage of the book that you have likely read, seen or heard.…
Bob Gates, Disclosure & Executive Privilege
Former Secretary Bob Gates ignited a brushfire of criticism for the timing, disclosures, and motivations of his new book, Duty: Memoirs of a Secretary at War. Much of the reporting…
A Guide to Revelations in Robert Gates’ Book (Duty): The Obama Years
Robert Gates’ memoir, Duty, which will be released later this week, contains significant insights into US foreign policy and international affairs affecting our country’s national…
Decision Time: Key Issues in the U.S.-Afghan Bilateral Security Agreement
The U.S. and Afghanistan agreed this week on the terms for an extended U.S. military presence in Afghanistan after 2014.The Bilateral Security Agreement (BSA), which the Loya Jirga…
Preventive Detention and Human Rights Law: A Way Out of Bagram or Another Dead End?
With the drawdown of US forces in Afghanistan, one of the thorniest problems involves the detention of individuals who cannot be criminally tried but nevertheless pose an acute…
Afghanistan Post-2014: Closing Bagram
With the U.S. combat role in Afghanistan coming to an end, and the Bilateral Security Agreement now under review, officials are under pressure to do something many observers may…