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Just Security

What Civilians Themselves Say about Targeting and their Participation in Conflict

“What I think is that there is no line at all … Civilians can turn into fighters at any time. Anybody can change from a fighter to a civilian, all in one day, all in one moment.”…
Just Security

U.S. Special Forces kill ISIL leader, detain another, during capture operation in Syria [UPDATED]

Here’s the statement the Secretary of Defense issued this morning: Release No: NR-175-15 May 16, 2015 Statement by Secretary of Defense Ash Carter on Counter-ISIL Operation…
Just Security

The Relationship Between Context and Proportionality: A Reply to Cohen and Shany

I am honored that Deans Amichai Cohen and Yuval Shany, both superb scholars that I hold in the highest regard, have responded to the Just Security post I wrote with my colleague…
Just Security

Contextualizing Proportionality Analysis? A Response to Schmitt and Merriam on Israel’s Targeting Practices

In a recent post on this blog, Michael Schmitt and John Merriam discussed Israel’s compliance with international humanitarian law (IHL), based on their recent visit to Israel…
Just Security

The Government (Sort of) Wins a Guantánamo Military Commission Appeal

No, not that one. In a two-page order issued this morning, the D.C. Circuit (Tatel, Griffith, & Silberman, JJ.) dismissed the appeal of former Guantánamo detainee Ibrahim…
Just Security

Ten More Strikes the Obama Administration Should Immediately Acknowledge and Investigate

The Obama administration took a long overdue step toward transparency for its “targeted” killing program when it last week openly acknowledged and took responsibility for the…
Just Security

A Legal and Operational Assessment of Israel’s Targeting Practices

Over the course of 50 days in the summer of 2014, the Israeli Defense Forces conducted a high-intensity air and ground campaign against Hamas in the Gaza strip. Sparked by the…
Just Security

The Power of Rhetoric in the Civilian-Military Divide

On April 10, Stephen Preston, General Counsel for the Defense Department, spoke at the annual meeting of the American Society of International Law. He ended his remarks on the…
Just Security

Whatever became of the Votel transparency proposal concerning drone strikes in Yemen?

The Open Society Justice Initiative yesterday released a report alleging that nine U.S. drone strikes in Yemen between May 2012 and April 2014 each resulted in civilian casualties,…
Just Security

A Proper Response to the Massacre at Kenya’s Garissa University College

The magnitude of last week’s massacre at Garissa University College in Kenya, located roughly 100 miles from the Somalia border, is shocking. In the course of the day, the death…
Just Security

Ninth Circuit Grants En Banc Rehearing in Posse Comitatus / Unlawful Surveillance Case

Back in September, I wrote about the Ninth Circuit’s fascinating decision in United States v. Dreyer, which applied the exclusionary rule to suppress evidence obtained…
Just Security

Blackwater’s Unsung Heroes

In a recent discussion of newly released memos on torture in the War on Terror, David Cole has surmised that “had anyone had the temerity to say no, the program almost certainty…
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