military law
18 Articles

How to Choose Which Military Members to Hold Accountable for Illegal Boat Strikes
A retired judge advocate explains how a future administration could decide who to prosecute for the illegal strikes on alleged drug-trafficking boats.

Timeline of Boat Strikes and Related Actions
A timeline that chronicles major events in the Trump administration’s campaign of lethal strikes against suspected drug traffickers in the Caribbean and Eastern Pacific.

Is the United States (Still) at War? How Wars Begin and End
Armed conflict is not a matter of political branding, rhetorical convenience, or domestic law positioning. It is a legal status that turns on objective facts.

The Armed Forces Need the Military Justice Review Panel
Rather than some new handcrafted DoD entity, it is crucial that the Military Justice Review Panel (MJRP) be restored as required under statute.

Legal Foundations of Honorable Military Service
As former judge advocates, it was our responsibility while on active duty to advise on the legal demands of and limits on senior officers’ authority and responsibility.

Cuba Libre: One Man’s Morality or Our Law?
We former JAGs must find new ways to examine, protest, and talk to our fellow Americans about this administration’s flagrant and accelerating misuse of the armed forces.

Hypothetical Legal Review of Use of the U.S. Military in Greenland
This hypothetical legal review imagines what a senior judge advocate’s legal analysis would be if ordered to plan a U.S. military operation in Greenland without Denmark's consent.

Hypothetical Legal Review on Judge Advocates Serving as Immigration Judges
A hypothetical legal review examining the OLC's legal basis for having Judge Advocates serve as immigration judges.

Professional Responsibility and the Boat Strikes
Legal and ethical debates surge around unreleased OLC memo on lethal boat strikes in the Caribbean, with growing calls for transparency and scrutiny of military lawyers.

Soldiers in Robes: Why Military Lawyers Can Not and Should Not Serve as Immigration Judges
DOJ’s recent decision to appoint several military lawyers, or JAGs, to serve as immigration judges is not only against the law, but a bad idea.

The Caribbean Strikes and the Collapse of Legal Oversight in U.S. Military Operations
Congress and the public must do more to address the dangerous pressures imposed on servicemembers and defend the guardrails that protect both U.S. forces and democracy.

Defense Secretary Pete Hegseth’s War with the Rules of Engagement
Hegseth’s attack on the ROE demonstrates a dangerously limited – and legally incorrect – view about these rules and what they are for.