Targeted Killing: Litigation

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Targeted Killing

The DC Circuit Refuses to Adjudicate TVPA Claim Regarding the Lawfulness of Extrajudicial Killings

The D.C. Circuit's recent ruling that the political question doctrine bars the adjudication of claims regarding a 2012 U.S. drone strike in Yemen improperly refuses to adjudicate a claim duly enacted by Congress under the Torture Victim Protection Act. 

International Law: LOAC

Drone Strike Errors and the Hostage Tragedy: Mapping the Issues in the Newly-Catalyzed Debate?

The use of lethal force (whether via armed drone, manned aircraft, cruise missile, helicopter assault, etc.) has been a cornerstone of U.S. counterterrorism policy for many years, both in places where we have ground combat deployments and places where we do not. Throughout this period, the legality, efficacy, wisdom, and morality of this practice has been the subject of intense scrutiny and debate. Nonetheless, the kinetic option has proven remarkably durable over time (especially as compared to its sibling, the use of non-criminal detention).

Targeted Killing: Litigation

More Machinations in Second Circuit Targeted Killing FOIA Litigation

The release last month of the Al-Aulaqi Office of Legal Counsel memo, it turns out, was not the end of the Second Circuit litigation regarding the New York Times and ACLU’s FOIA requests for information on the government’s targeted killing programs. A petition for rehearing en banc is still pending. And yesterday, the Justice Department, the Pentagon, and the CIA filed a motion for leave to submit ex parte classified and privileged supplemental declarations in support of their petition for rehearing.

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