Skip to content

Monthly Archives: January 2012

Nashiri Seeks to Depose Yemeni President Saleh

By Benjamin Wittes
Tuesday, January 31, 2012 at 9:18 PM

The Nashiri defense has filed a motion to depose Yemeni President Ali Abdullah Saleh, who arrived recently in the United States for medical treatment. The motion is not yet public, but its title appears on the docket of his case … Read more »

Counterstrike: The Untold Story of America’s Secret Campaign Against Al Qaeda

By The Book Review Editor
Tuesday, January 31, 2012 at 3:07 PM

Counterstrike: The Untold Story of America’s Secret Campaign Against Al Qaeda explores the emergence of new strategic thinking in American counter-terrorism.   Eric Schmitt and Thom Shanker are two consummate national security reporters at the New York Times and their … Read more »

Cybersecurity Legislation — Big Issues at the 10,000 Foot Level

By Paul Rosenzweig
Tuesday, January 31, 2012 at 12:59 PM

Soon, Senator Harry Reid promises to bring a comprehensive cybersecurity bill before the Senate for consideration.  The base draft bill to be considered remains shrouded in secrecy, the subject of urgent, on-going, behind the scenes negotiations.  The general intent appears … Read more »

Today’s Headlines and Commentary

By Ritika Singh
Tuesday, January 31, 2012 at 12:46 PM

Today’s top story is the President’s maybe-a-little-too candid remarks on the CIA’s drone program, as Ben discussed here. Here are the New York Times and the Los Angeles Times on the story.

Lots of other drone news: … Read more »

Paul Rosenzweig Guest Blogging on Cyber Legislation

By Benjamin Wittes
Tuesday, January 31, 2012 at 11:50 AM

I’m pleased to announce that Paul Rosenzweig will be guest blogging for Lawfare while Congress considers the cybersecurity legislation that is now headed for the Senate floor. Paul has a great deal of expertise in cybersecurity legal policy issues, and … Read more »

When Is a Covert Action No Longer Covert?

By Benjamin Wittes
Tuesday, January 31, 2012 at 11:12 AM

Riddle me this: At what point does official acknowledgment of a covert action become so strong that it can no longer be justified as a covert action—which is statutorily defined as action in which the role of the United States is not … Read more »

The United States as a Party to an AQAP-Specific Armed Conflict in Yemen

By Robert Chesney
Tuesday, January 31, 2012 at 10:34 AM

Drone strikes in Yemen raise important questions regarding the field of application of International Humanitarian Law (IHL), the extraterritorial applicability of International Human Rights Law (IHRL), and the proper approach to norm reconciliation should both IHL and IHRL apply simultaneously.  … Read more »

Cybersecurity on the Floor

By Raffaela Wakeman
Tuesday, January 31, 2012 at 9:17 AM

So amidst all of the gridlock in Congress and the presidential campaigning, there is actually a pretty good chance that Congress might get something significant and forward-looking done this year. The issue is cybersecurity, which is already covered in more than 30 congressional statutes—or … Read more »

Al Kandari En Banc Petition Denied

By Benjamin Wittes
Monday, January 30, 2012 at 4:40 PM

Well, that didn’t take long. The government only submitted its opposition to Fayiz Mohammed Ahmed Al Kandari’s petition for en banc review on January 19. But the D.C. Circuit today denied the petition. A D.C. Circuit panel decided Al … Read more »

How to Subscribe to the Lawfare Podcast in iTunes Now

By Alan Rozenshtein
Monday, January 30, 2012 at 11:53 AM

As Ben mentioned, we’re still waiting for iTunes to approve the Lawfare Podcast. Even before approval, however, you can subscribe to it through iTunes by following these simple steps:

  1. Open iTunes.
  2. Go the “Advanced” menu and choose “Subscribe to
  3. Read more »

Today’s Headlines and Commentary

By Raffaela Wakeman
Monday, January 30, 2012 at 10:58 AM

Eric Schmitt and Michael Schmidt write in the New York Times that the drones keeping watch in Iraq are less than welcome these days, despite their being operated by the State Department, not the military.

The Jerusalem Post reports that … Read more »

Announcing the Lawfare Podcast

By Benjamin Wittes
Monday, January 30, 2012 at 12:09 AM

It is a great pleasure to announce the first episode of the Lawfare Podcast:

The Lawfare Podcast quite literally speaks for itself, so I won’t spend a lot of time introducing it. Like a lot of things we do … Read more »

Amicus Brief Challenging the ICTY’s Ruling on Distinction in Gotovina

By Robert Chesney
Sunday, January 29, 2012 at 4:33 PM

[The following guest post, from Geoff Corn (South Texas College of Law), extends the discussion of the Gotovina decision from Laurie Blanks's guest post yesterday]

      On April 15, 2011, the International Criminal Tribunal for the Former Yugoslavia issued

Read more »

On Determining Whether Artillery Fire Was Directed at Civilians Purposefully: Criticism of the ICTY’s Gotovina Decision

By Robert Chesney
Friday, January 27, 2012 at 6:55 PM

[This is the first of two posts concerning the ICTY's Gotovina decision (the ICTY summary of which appears here, and two volumes of trial documents are available here]

Professor Laurie Blank, Director of the International Humanitarian Law Clinic … Read more »

Today’s Headlines and Commentary

By Ritika Singh
Friday, January 27, 2012 at 4:25 PM

The Blog of Legal Times tells us that the Department of Justice has ”filed court papers Wednesday in a public records suit in Washington asking U.S. District Judge James Boasberg to keep the photos [showing Osama bin Laden's dead body] out … Read more »