Authorization for Use of Military Force (AUMF)
258 Articles
Understanding What it Means to be “Approved for Transfer”: A Response to Lawrence Rosenthal
Lawrence Rosenthal argues below that the Executive lacks any AUMF authority to continue to detain GTMO detainees who have either been approved for transfer by the GTMO Review Task…
The Constitutional Case for Judicial Authority To Order the Transfer and Release of Guantánamo Detainees Cleared for Release
In the statement that he issued as he signed the 2014 National Defense Authorization Act (NDAA), President Obama, addressing the Act’s continuing restrictions on the transfer…
POTUS’ view on who counts as Al Qaeda
David Remnick’s recent profile/interview of the President in the New Yorker reveals this telling view of how the Administration perceives the difference between core Al Qaeda…
After the AUMF: Iraq and Al Qaeda Redux
Over at Lawfare, Jack Goldsmith takes quite a different lesson from the push to repeal of the 2002 Iraq AUMF than Steve and I suggested here. In Jack’s view, the administration…
After the AUMF: Iraq and al Qaeda
On Tuesday, the Obama administration announced its support for repealing the 2002 authorization to use force in Iraq. This should not be surprising: after all, the President…
The Potential Pitfalls of Refusing to Reopen the Article III Door for Guantanamo Detainees
The version of the National Defense Authorization Act for FY 2014 (2014 NDAA) reported out by the Senate Armed Service Committee (SASC) would have eliminated the existing bar on…
Associated Forces, Material Support, and the Hidden Flaws in Ali v. Obama
As Steve previously noted over at Lawfare, on Tuesday, the D.C. Circuit affirmed the denial of yet another Guantánamo habeas petition in Ali v. Obama. Specifically, the court…
The D.C. Circuit and Guantánamo, Post-Filibuster Edition
I’ve written a lot (too much!) before about both the D.C. Circuit’s jurisprudence in post-Boumediene Guantánamo cases and the Supreme Court’s passivity in…
Key Issues in the New Senate Bill to Require White House Drone Strike Casualty Reports
This week, the Senate Intelligence Committee approved the Intelligence Authorization Act for Fiscal Year 2014. The legislation contains an important section which would…
A New War?: The United States Involvement in Yemen’s Internal Armed Conflict [Updated]
In an op-ed in the Guardian last week, I argued that the United States appears to have become militarily directly involved in fighting a domestic insurgency in Yemen as an ally…
IHL, Transparency, and the Heyns’ UN Drones Report
In his critique of Christof Heyns’ new UN report on the right to life in the context of lethal drone strikes, Eric Jensen erects two straw men and then proceeds to knock them…
The Report of the UN Special Rapporteur for Extrajudicial Executions: Law or Advocacy?
As has already been discussed in several postings, the report of the UN Special Rapporteur on Extrajudicial Executions has been published and deserves close attention. To the…