Rebecca Ingber

Rebecca Ingber is​ ​an​ ​Associate Professor of Law​ ​at​ ​BU Law​​. ​She teaches and writes about international law, foreign relations law, national security, war powers, and executive branch decision-making. ​She ​previously ​served ​for six years in the Legal Adviser's Office at the ​U.S. ​Department​ of State​,​ and held fellowships at Columbia Law School and with​ ​the Council on Foreign Relations. She graduated from Yale College and Harvard Law School, and clerked for Judge Robert P. Patterson, Jr.​,​ of the Southern District of New York.

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War Powers

The ISIS Lawsuit and the Perverse Effects of National Security Litigation

These kinds of advocacy lawsuits against the President in the national security arena often have perverse effects on the resulting law. The intent is generally to force constraints onto the executive branch, but the further along this lawsuit gets, the greater the risk it will result in less, rather than more, accountability and constraint on the Executive’s power.

Detention & Guantanamo

ISIS Captures: What’s the End-Game?

Last week, Nathalie and I wrote about the international law questions U.S. executive officials were likely considering while contemplating the continued detention and ultimate fate of the sole known ISIS detainee, and surely must have contemplated in the lead-up to her capture.  Now Shane Harris and Nancy Youssef have an article in the Daily Beast titled “U.S. Has No Idea How Long It Will Keep an ISIS Bride Locked Up,” which raises two additional questions I want to address briefly: one about pre-capture planning, and one about potential litigation. 

Detention & Guantanamo

Whatever Happened to Umm Sayyaf?

Umm Sayyaf is only the second or third known “law-of-war detainee” under President Obama outside of the Afghan theater, and the first known detainee in the conflict with ISIL. There has been little discussion to date of the legal justification for, or the questions raised by, her capture, ongoing detention, and potential transfer or prosecution. Here are a few of the questions of international law that might be tossing around among executive branch lawyers tasked with determining her fate.