Latest in LOAC

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.

Law of Armed Conflict

The Fifth Annual Transatlantic Workshop on International Law and Armed Conflict: A Joint Blog Post Series

This past summer, the Strauss Center at UT was proud to co-host the Fifth Annual Transatlantic Workshop on International Law and Armed Conflict, in partnership with the Oxford Institute for Ethics, Law and Armed Conflict (co-directed by Dapo Akande), the Individualisation of War project, Europ

detention

An American Enemy Combatant Case? The News Out of DOD, and What Might Happen Next

DOD has confirmed that an (as-yet-unidentified) American citizen is being held in U.S. military custody in Syria or Iraq as an enemy combatant. More specifically, the available information asserts that he was a fighter for the Islamic State who was captured in Syria by U.S.-friendly forces (or at least surrendered to those forces), and was then turned over to the U.S.

How significant is this development from a legal perspective?

Counterterrorism

Is the War Model of Counterterrorism a Failure? A Response to Micah Zenko

In a scathing New York Times op-ed today, Micah Zenko lays into the Trump administration both for maintaining the “counterproductive” and “immoral” counterterrorism policies of its predecessors (particularly those involving the use of military force), and for making the situation worse for noncombatants.

Presidential Policy Guidance

"Areas of Active Hostilities" and Authority to Authorize Attacks Without White House Involvement

Yesterday U.S. News ran an article titled “‘Areas of Active Hostilities’: Trump’s Troubling Increases to Obama’s Wars.” As the title suggests, the thrust of the article is that there is something wrong with the Obama administration’s “areas of active hostilities” concept—or at least there’s something wrong with it now that it is in the hands of a different president.

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.

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