Latest in IHL

detention

Assessing the ACLU Habeas Petition on Behalf of the Unnamed U.S. Citizen Held as an Enemy Combatant in Iraq

The American Civil Liberties Union has filed a John Doe habeas petition on behalf of the still-not-identified American citizen the U.S. military is holding as an enemy combatant in Iraq (for background, see here). The case is Doe v. Mattis, No. 17-cv-02069, and it was filed in federal district court in D.C. Here is my preliminary assessment.

targeted killing

The French War on Terrorism: Targeting French Islamic State Fighters through Iraqi Forces

Over the years I have heard knowledgeable people comment (sometimes with admiration, sometimes otherwise) that the French approach to counterterrorism outside of France is not so different from the American approach, but that the French manage to avoid anything resembling the scrutiny and criticism that the United States receives.

I’m in no position to judge that. But let’s assume for a moment the comparison is true. Why relatively little scrutiny for the French if so?

Aegis

The Lawfare Podcast: Rosa Brooks on ‘How Everything Became War and the Military Became Everything’

At this week's Hoover Book Soiree, Rosa Brooks joined Benjamin Wittes to talk about her new book, How Everything Became War and the Military Became Everything: Tales from the Pentagon. The book covers an extraordinary range of territory, from Brooks' personal experiences working as a civilian advisor at the Pentagon, to the history of the laws of war, to an analysis of the U.S. military's expanded role in a world in which the lines between war and peace are increasingly uncertain.

War Powers

Do the Strikes on al Shabaab Stretch the AUMF or The Unit Self-defense Doctrine?

Charlie Savage’s piece on the legal basis for the March 5 U.S. strike against an al Shabaab training camp, which allegedly killed 150 fighters, raises the intriguing question of whether the AUMF has been stretched yet again, this time to justify U.S. operations against al Shabaab as a whole.

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