US Military
330 Articles
Rep. Schiff’s Newly-Proposed AUMF: Praise And A Caveat
Over at Lawfare, Jack Goldsmith praises Adam Schiff’s newly-proposed Consolidated Authorization to Use Military Force. With one important caveat (see below), we share in Jack’s…
Veterans Day
Members of the 369th Infantry Regiment, known as the “Harlem Hellfighters,” displaying their Croix de Guerre in 1919, awarded for gallantry in action during World War I. Image…
Congress: Troops to Syria Means It’s Time (Finally) to Act
News that the United States has sent its first — albeit “fewer than 50” — troops to fight ISIS in Syria highlights once again the need for a new authorization to use military…
Politicization of Intelligence: Lessons From a Long, Dishonorable History
The Daily Beast and the New York Times have reported allegations that senior (but thus far unidentified) Defense Department and United States Central Command (CENTCOM) officials…
The Alarming Gaps in Military Appellate Review
We pay a lot of attention on this blog to the Guantánamo military commissions and the principal structural defect in those tribunals as currently constituted, to wit, their power…
The Government’s Overstated Rehearing Petition in al Bahlul
I wasn’t originally planning to blog about the petition for rehearing en banc filed by the government on Monday in al Bahlul v. United States, challenging the three-judge…
Letters to the Editor on End-of-War Claims from Guantánamo Detainees
My post from last Thursday has provoked a pair of letters-to-the-editor from lawyers for current and former Guantánamo detainees. Below the fold, I reprint them in full, and…
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…
Has the Government Conceded that Courts Can Review Detainees’ End-of-War Claims?
The first article I published after law school was a little piece in the January 2006 issue of the Journal of National Security Law & Policy, focusing on the then-hypothetical…
Further thoughts on the Preston ASIL speech
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Two Questions for Stephen Preston
As Marty has already written, the Department of Defense’s General Counsel Stephen Preston gave a speech tonight at the American Society of International Law “the Legal…
Highlights From DOD General Council Stephen Preston’s ASIL Speech
As I write this, DOD General Counsel Stephen Preston is delivering a speech at the annual meeting of the American Society of International Law on the topic of “the Legal…