Military
804 Articles
Congress Clearly Contemplated Prisoner Exchanges as Part of NDAA Notification Requirements–and so did the White House
Some think the following is the Obama administration’s main argument for bypassing Congress in transferring the 5 Taliban detainees from Guantanamo: Congress did not contemplate…
Sgt. Bergdahl and the High Priority to Recover Missing Soldiers
So far as I can tell, the issue of whether Sergeant Bowe Bergdahl was a deserter is an issue that has very little relevance to any question of the legality or wisdom of the US…
Could Desertion in Afghanistan Be a Capital Offense?
As the debate over last weekend’s prisoner exchange continues, one of the darker memes to emerge is the suggestion that Sergeant Bergdahl could/should be court-martialed…
Eugene Fidell on Defection, Desertion, AWOL—and Whether to Prosecute
One of the clearest thinkers on US military justice and procedure is Eugene Fidell. And one of my favorite interviewers is Robin Young on WBUR’s Here and Now. The two recently…
The Administration’s explanation for why it was lawful not to wait 30 days to complete the Bergdahl exchange
National Security Council Caitlin Hayden just issued this statement concerning “why it was lawful for the Administration to proceed with the [Bergdahl] transfer notwithstanding…
The Bergdahl Exchange [Fifth UPDATE (with clarification)]
This is truly wonderful news. The five Taliban detainees transferred to Qatar apparently are: Abdul Haq Wasiq (ISN 004) Mullah Norullah Noori (ISN 006) Mullah Mohammad Fazl (ISN…
Targeting Transparency: A Call for DoD to Automatically Release Investigations of Civilian Casualties in Armed Conflict
There has been much discussion on the lack of demonstrable government follow through after President Obama’s 2013 claims of increased transparency of US lethal targeting of suspected…
Ending the Forever War: One Year After President Obama’s NDU Speech
Today, May 23, 2014, marks the one-year anniversary of President’s important speech at the National Defense University (NDU) setting forth his proposed framework for post-9/11…
Letter to the Editor from former U.S. Army JAG replying to Ryan Goodman on recent amends legislation
As a former judge advocate of the U.S. Army who served as a claims officer in Iraq for 14 months, I strongly support the new statute that allows for payments to be offered to civilian…
New study may explode some myths about drones (and may create new ones)
The CNA Corporation, a non-profit research and analysis organization which runs the Center for Naval Analyses, recently published an important report by Larry Lewis, entitled Drone…
New Statute Provides Amends to Foreign Civilians Killed by the United States – but only if they’re “friendly”
Earlier this month, Just Security published a guest post by Sahr Muhammedally outlining a new congressional statute whereby the Defense Department can now move ahead in establishing…
UK Defence Select Committee: Extensive legal scrutiny undermining willingness of commanders to take necessary risks
The UK’s House of Commons Defence Select Committee published a report on Wednesday [full text] concerning the legal framework for future operations of the armed forces. The…