Kosovo, Syria: When it Comes to Military Force, What’s the Proper Relationship Between Law and Political Judgment?
The potential use of military force in Syria and its past use in Kosovo — despite the likely “illegality” under international law and the U.N. Charter — raise important general questions about the modern, post-WWII attempt to establish “rule of … Read more »
As is widely known, the greatest act of successful deception in modern military history is convincing the Germans — at the decisive moment of WWII — that the D-Day invasion would take place at Pas de Calais, rather than on … Read more »
With the current controversies over the NSA’s surveillance programs, I want to return to broader issues about how to think about the role of courts in the national-security area.
In this area, government typically tends to be exceptionally resistant to … Read more »
Crafted with his characteristic mix of brilliance and dark speculations about the motives of government actors, Stephen Holmes, my colleague, has published an exceptionally rich essay in the Financial Times on issues concerning the use of drones, in the guise … Read more »
There are many important strands to President Obama’s national-security speech, but I want to focus on just one particularly noteworthy element. In clear terms, President Obama announced today that the same substantive standards apply to targeted killings operations against non-American … Read more »
I recently posted an essay, with co-author Sam Issacharoff, on what we conceive to be the key legal, institutional, and process issues concerning the use of drones for targeted killings — and even more importantly, what the underlying forces are … Read more »
One of this country’s most knowledgeable writers about Yemen is Greg Johnsen, author of The Last Refuge: Yemen, Al-Queda, and America’s War in Arabia. Johnsen is often read as arguing that American drone strikes in Yemen do more harm … Read more »
The central substantive issue, legally and morally, in the administration’s Targeted Killing White Paper is how the concept of an “imminent threat” should be understood. This is where much of the debate is going to focus. Already, outrage from American … Read more »
The Fundamental Transformation in the Law, Morality and Politics of War: Individuating The Responsibility of “Enemies”
I will soon be posting on SSRN, with my co-author Sam Issacharoff, a draft academic article that offers a broad, integrated conceptual and legal framework for understanding specific counterterrorism legal and policy issues, such as detention and targeted killings. Given … Read more »
I want to put discussion of whether the government should publicly disclose the full legal framework behind its targeted killings program, including the killing of Al-Aulaqi, an American citizen, in a larger and more general philosophical and political context. Across … Read more »
As Bobby notes, the recently announced criminal prosecution of Ahmed Abdulkadir Warsame, captured overseas almost three months ago by U.S. military forces, could be an important test of an emerging hybrid model for handling alleged terrorism cases that offers an … Read more »
First, my thanks to Ben, Jack, and Bobby for permitting me to become an affiliated blogger on this terrific site.
We are likely soon to get a test of how seriously Congress takes all of the War Powers Resolution (WPR). … Read more »