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Full-Text Articles in Law
The President's Ndu Speech And The Pivot From The First Term To The Second, Kenneth Anderson, Benjamin Wittes
The President's Ndu Speech And The Pivot From The First Term To The Second, Kenneth Anderson, Benjamin Wittes
Contributions to Books
American University, WCL Research Paper No. 2014-3Abstract"The President's NDU Speech" is the third chapter of a book, "Speaking the Law," which analyzes the speeches of the Obama administration on national security law and policy. The book is being published online by the Hoover Institution, Stanford University on its website, chapter by chapter as they are completed. Once all chapters are done (end of 2013), the full book will be published by Hoover Institution Press in hard copy.Chapter 3 (the earlier chapters are available for open source download at the Hoover Institution website or through links at the Lawfare national security …
The Case For Drones, Kenneth Anderson
The Case For Drones, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
American University, WCL Research Paper No. 2014-12Abstract:This cover story in Commentary magazine (7500 words) offers a defense of drone warfare and targeted killing against legal and ethical claims made by both the American libertarian right and the American and international left. It addresses empirical claims of "excessive" civilian casualties, as well as ethical arguments that drones make the resort to force not just easier, but "too easy," and that in order to deter "overuse" of armed force, soldiers (and implicitly civilians) need to be exposed to otherwise unnecessary risk. It explains how drone technology and targeted killing fit together in …
The Geography Of The Battlefield: A Framework For Detention And Targeting Outside The 'Hot' Conflict Zone, Jennifer Daskal
The Geography Of The Battlefield: A Framework For Detention And Targeting Outside The 'Hot' Conflict Zone, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
The U.S. conflict with al Qaeda raises a number of complicated and contested questions regarding the geographic scope of the battlefield and the related limits on the state’s authority to use lethal force and to detain without charge. To date, the legal and policy discussions on this issue have resulted in a heated and intractable debate. On the one hand, the United States and its supporters argue that the conflict — and broad detention and targeting authorities — extend to wherever the alleged enemy is found, subject to a series of malleable policy constraints. On the other hand, European allies, …