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Features, Online Edition

History, Hamdan, and Happenstance: “Conspiracy by Two or More To Violate the Laws of War by Destroying Life or Property in Aid of the Enemy”

In June 2006, a plurality of the Supreme Court in Hamdan v. Rumsfeld determined that the Government failed to make a colorable case for the inclusion of conspiracy among those offenses cognizable by law-of-war military commission. The plurality’s reasoning was largely based on its survey of domestic law sources and precedents. That survey, however, was inaccurate and incomplete.

Features, Online Edition

Dana Priest’s Keynote

On April 6, the National Security Journal hosted its 2012 symposium: The Law and Policy of Covert Operations: Current & Future Challenges. Dana Priest of the Washington Post gave the keynote address at the symposium. A video of her keynote address is available here.

Features, Online Edition

Offensive Lawfare and the Current Conflict

By  Colonel Mark W. Holzer * — Click here to read the full text as a PDF Abstract The term “lawfare” has become part of the lexicon of the current global conflict and although it is defined in various ways, it is essentially a way to describe legal activities within the context of armed conflict. To date, the term has not been applied to legal activities focused on negatively impacting United States’ adversaries. This article seeks to expand the lawfare conversation and encourage a policy dialogue by weaving it together with the Army’s operational doctrine and counterinsurgency doctrine. The United

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