Military
821 Articles
European Court: U.S. Troops Can Apply for Asylum to Avoid Participating in War Crimes, But …
A US Army soldier loads rockets onto an AH-64 Apache helicopter in Europe. Credit: US Army. On Thursday, the European Court of Justice (ECJ) issued a decision holding that American…
General Martins on the Shrinking Military Commissions
Marty’s important post from last night includes a link to yesterday’s statement by General Mark Martins, Chief Prosecutor of the Guantánamo military commissions, in…
Military Commissions and Unintended Constitutional Consequences
Over at Lawfare, I have a post up this morning providing a preview of next Tuesday’s oral argument in the D.C. Circuit in In re al-Nashiri–a mandamus action challenging…
The Torture Convention & Appendix M of the Army Field Manual on Interrogations
We are on the eve of the release of the Senate Select Committee on Intelligence’s report on the Central Intelligence Agency’s interrogation program. Although this report will…
The Hicks Military Commission Appeal
Just over a year ago, I wrote a post about the David Hicks and Omar Khadr cases–and the very real possibility that, as a result of the D.C. Circuit’s decision in “Hamdan…
Passing the Senate Gavels
Editors’ Note: The following post is the tenth installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take an in-depth look…
A Big Week in Afghanistan War Oversight
It has been a busy week for John Sopko, the US-appointed Special Inspector General for Afghanistan Reconstruction (SIGAR). He and his team just published a number of reports indicating…
UN Panel: Blackwater Convictions are the “Exception, not the Rule”
Last week’s Blackwater convictions highlight an urgent need for an international treaty ensuring that private security contractors are held accountable if they commit human rights…
The Blackwater Trial: Part 2 – Two Legal Issues
In the first part of this summary, we introduced the individuals in Blackwater’s Raven 23 team and set out their contrasting arguments about what took place at Nisour Square…
The Blackwater Trial: Part 1 – Two Factual Issues
Earlier this week, a jury in Washington D.C. convicted four Blackwater guards for a shooting at Nisour Square, Baghdad. The sniper Nicholas Slatten was convicted of premeditated…
The Posse Comitatus Act, Unlawful Surveillance, and the Exclusionary Rule
Most students of U.S. national security law are familiar with the Posse Comitatus Act (PCA) — an 1878 statute that subjects to criminal punishment anyone who, “except…
New Submission on US Military Justice Noncompliance with the ICCPR
Three legal experts (Eugene R. Fidell, Elizabeth L. Hillman, and Nancy Duff Campbell) and two organizations (Amnesty International and The International Commission of Jurists)…