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A Quick and Dirty Summary of–and Reaction to–the Al-Bahlul Decision [UPDATED]

What follows is a very quick-and-dirty summary of this morning’s ruling by the en banc D.C. Circuit in Al-Bahlul v. United States. There are five opinions, but a couple…
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Force Feeding at Guantanamo and Judge Gladys Kessler

In his commencement address at West Point on May 28, President Obama said, “What makes [America] exceptional is not our ability to flout international norms and the rule of law,…
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United States War Crimes Statute & Sri Lanka

Ryan Goodman’s post on Sri Lanka calls for the prosecution under U.S. law of Gotabaya Rajapaksa. In prior posts, we’ve discussed the way in which international crimes (including…
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Where is al-Bahlul??

I’d previously only been tweeting about this, but it seems worth a proper post to flag the remarkable fact that it’s now been well over seven months (!) since the…
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Palestine, the Vatican and Accession to International Treaties: Some Ancillary Thoughts

The application to accede to multiple international treaties and international organizations made by President Mahmoud Abbas on April 1st (see full list) has proceeded with…
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States, Almost States, Non-State Actors and the Geneva Conventions: Palestinian President Abbas’s attempt to join the Club

[Editor’s Note: Be sure to see the letter to the editor from a former Deputy Legal Adviser to Israel’s Permanent Mission to the United Nations responding to this…
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The Continuing Importance of a Low Threshold for LOAC Application in International Armed Conflict

Reports yesterday from Ukraine include the news that at least one Ukrainian soldier at a military base in Crimea has been killed, most likely by Russian soldiers.  Furthermore,…
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An Inauspicious Anniversary: It’s Time to Release the Report of the Special Interagency Task Force on Interrogations and Transfer Policies

Yesterday was the five-year anniversary of President Obama’s Executive Order 13491 on ensuring lawful interrogations. The Order, one of the first acts of the Obama administration,…
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The Coming Hicks and Khadr Appeals: Yet Another Military Commission Headache

As various media outlets reported earlier this week, Australian David Hicks–one of the first detainees charged and convicted (via plea) under the Military Commissions Act…
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The Other, Lurking Constitutional Question in al-Bahlul

I would add only one thing to Jen’s thorough summary of the al-Bahlul argument next Monday, about something she references at the very end of her post:  Besides ex post…
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