Uniform Code of Military Justice

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What’s Left of Hamdan II? Quite a Lot, Actually…

Although it’s a bit further into the weeds than the issues Marty and I flagged in yesterday’s lengthy analysis of the en banc D.C. Circuit’s decision in al…
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A Quick and Dirty Summary of–and Reaction to–the Al-Bahlul Decision [UPDATED]

What follows is a very quick-and-dirty summary of this morning’s ruling by the en banc D.C. Circuit in Al-Bahlul v. United States. There are five opinions, but a couple…
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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…
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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…
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United States War Crimes Statute & Sri Lanka

Ryan Goodman’s post on Sri Lanka calls for the prosecution under U.S. law of Gotabaya Rajapaksa. In prior posts, we’ve discussed the way in which international crimes (including…
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Where is al-Bahlul??

I’d previously only been tweeting about this, but it seems worth a proper post to flag the remarkable fact that it’s now been well over seven months (!) since the…
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Senate Reform Proposals on Sexual Assault in the Military

The scourge of sexual assault continues to plague military policy.  This week, the Senate is considering competing reform proposals that could have dramatic consequences for sexual…
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The Coming Hicks and Khadr Appeals: Yet Another Military Commission Headache

As various media outlets reported earlier this week, Australian David Hicks–one of the first detainees charged and convicted (via plea) under the Military Commissions Act…
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The Other, Lurking Constitutional Question in al-Bahlul

I would add only one thing to Jen’s thorough summary of the al-Bahlul argument next Monday, about something she references at the very end of her post:  Besides ex post…
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