Military
902 Articles
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…