Law, Courts & Regulations
463 U.S. 60 (1983) Search all Supreme Court Cases Search all Supreme Court Cases No. 81-1590. Supreme Court of United States. Argued January 12, 1983. Decided June 24, 1983. APPEAL FROM THE...
On Sept. 24, ProPublica reported that Secretary of State Antony Blinken had rejected findings by the U.S. Agency for International Development and State Department’s Bureau for Population, Refugees, a...
As details about migrant detention at Guantanamo Bay trickle in, the Defense Department’s role in immigration enforcement appears to be at an inflection point. The first 24 hours of Donald Trump’s pre...
On May 20, the ICC prosecutor asked a Pre-Trial Chamber (PTC) of the court to issue arrest warrants for three senior Hamas officials and two senior Israeli officials, including Israeli Prime Minister ...
A review of Emmanuel Carrere, V13: Chronicle of a Trial (Farrar, Straus and Giroux 2024) Emmanuel Carrère’s V13: Chronicle of a Trial takes its name from vendredi 13, Friday the 13th, or, more specifi...
The 2018 Transatlantic Workshop on International Law and Armed Conflict brought together participants from diverse professional backgrounds including the military, academia, government and NGOs to add...
Recent reporting indicates that United States Secretary of Defense Pete Hegseth—certainly no fan of the military rules of engagement (ROE) and international law of war —has directed a new key member o...
As the administration challenges rules of armed conflict, it is vital to protect the military justice system from executive overreach. Secretary of Defense Pete Hegseth recently fired the judge advoca...
Codifying the protection of civilians as a commander’s explicit objective in all operations is an essential step toward reducing noncombatant casualties. The commander is pacing the floor of the opera...
Firing military leaders for perceived disloyalty is often part of a strategy to consolidate regime power—even as it weakens the military. All views are the author’s own and do not represent the views ...
On Sept. 2, President Trump announced that the U.S. military had struck a Venezuelan vessel allegedly carrying narcotics, killing 11 people. The strike— justified as “self-defense” as part of the U.S....
PDF Version Review of Craig Forcese, Destroying the Caroline: The Frontier Raid that Reshaped the Right to War (Irwin Law, 2018) * * * PDF Version Review of Craig Forcese, Destroying the Caroline: The...
What is the current state of international law on the question of immunity for heads of state indicted before international criminal courts? In early April 2024, Reuters reported that its journalists ...
Join the Lawfare team at 2:30 pm ET for a discussion of U.S. military activity in the Caribbean. On Sept. 4 at 2:30 pm ET, in a live recording of Lawfare Daily, Lawfare Editor in Chief will sit down w...
The sudden collapse of the Assad regime in Syria promises to present policymakers with a dizzying array of legal and policy challenges in the weeks ahead. Foremost among them is how to reconcile the n...
In a live conversation on Sept. 4, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Scott R. Anderson and Professor of Law at Cardozo Law School Rebecca Ingber to discuss th...
Editor’s note: This piece was cross-posted at Just Security . Congress in December 2022 enacted a sweeping new transparency statute for international agreements made by the executive branch. (We previ...
The stakes in the El Salvador deportation cases. The Situation on Wednesday asked—in a series of run-on sentences—how a very fine district judge handles a completely defiant litigant when that litigan...
On July 31, the Department of Defense sent a letter to families of the victims of the Sept. 11, 2001, attacks. Three defendants in the Guantanamo military commissions case Khalid Shaikh Mohammed v. Un...
Judge Reggie Walton’s ruling demanding in camera review of the unredacted Mueller report underscores how much the Trump administration has squandered the executive branch’s goodwill with the judiciary...