US Military
325 Articles
Letter to the Editor — Lt. Colonel David J. R. Frakt: What will Happen to al Bahlul?
I want to thank my esteemed colleagues Steve Vladeck and Marty Lederman for their very illuminating discussion of the D.C. Circuit’s recent decision in al Bahlul. I was Mr.…
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…
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…
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…
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…
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…
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…
Rep. Schiff Op-Ed in NYT: moving drone program from CIA to JSOC would result in more transparency — But is he right?
Today, Representative Adam Schiff has an opinion piece in the New York Times where he advocates that Congress should allow the President to move the drone program from the CIA…
What rules is the US applying to its Somalia drone strikes?
CNN today provided the most detailed account yet of the latest U.S. drone strike, carried out this past weekend in Somalia. US officials (quoted anonymously by CNN) said the…
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…
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…