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More on the Afghan Drawdown’s Destabilizing Impact on Detention Law

Excellent recent posts by Ben and Marty draw attention to the impact that the drawdown in Afghanistan likely will have on GTMO habeas litigation. I agree; we will certainly see a fresh wave of...

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Transatlantic Dialogue on Int’l Law and Armed Conflict: Lawrence...

The newest installment in the Transatlantic Dialogue series (see here) has gone live at EJIL:Talk!. It is from Lawrence Hill-Cawthorne (U. of Reading), and it responds to Sarah Cleveland’s earlier post...

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A Reply to Marty Lederman

Marty Lederman has a thoughtful response over at Just Security to my post from yesterday. I take his argument to be the following: First, that the Presidential Policy Guidance (PPG) does not purport to...

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The Debate About the Extraterritorial Scope of the Torture Convention’s...

A week ago Charlie Savage reported that the Obama administration “is considering reaffirming the Bush administration’s position that the [Convention Against Torture(CAT)] imposes no legal obligation on...

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The Convention Against Torture: Extraterritorial Application and Application...

Belatedly, I want to join the discussion about the extraterritorial application of the Convention Against Torture (CAT), about which Jack commented on Friday, drawing on an article by Charlie Savage...

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Folk Law and Obama Administration Mythology: Four Stakes

Marty Lederman and I have been engaged in a debate over the past few weeks, and last Monday he wrote a lengthy and thoughtful “Monday Reflection” over at Just Security concerning some of my arguments...

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Findings, Conclusions and Areas of Dispute Between the SSCI Report, the...

Below, you will find the second installment in our ongoing effort to identify, in summary form, key areas of dispute as between the SSCI, the SSCI minority, and the CIA with regard the CIA’s detention...

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Findings, Conclusions and Areas of Dispute Between the SSCI Report, the...

In this post, we proceed with Lawfare’s ongoing, side-by-side comparison of the SSCI Study’s key findings, and responses to them by both the SSCI Minority as well as the CIA. By way of reminder, the...

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The SSCI Report and Its Critics: Torturing Efficacy

Polarization surrounding the SSCI Report (see here for Lawfare’s coverage) has been most pronounced on the efficacy of enhanced interrogation techniques (EITs). The Report and its supporters have...

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What to Do About Ongwen?

The Washington Post has a fascinating article today about the legal issues arising from the surrender of one of the the notorious brutal leaders of the Lords Resistance Army, Dominic Ongwen....

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