A recent U.S. News article on “‘Areas of Active Hostilities’: Trump’s Troubling Increases to Obama’s Wars" correctly identifies what could be a very important policy problem, but confuses the issue by focusing on the legal dimension.
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What the ground operation conducted by SEAL Team Six in Yemen this weekend can tell us about the Trump administration's legal and policy approach to counterterrorism going forward.
In a post earlier today, I highlighted a variety of recent developments in which the Obama administration has adjusted constraints on using force under color of the AUMF, based in part
DOD has announced an airstrike on an al Shabaab official in Somalia:
The DOD airstrike that may have killed Taliban leader Mullah Mansour is interesting, from a legal perspective, at many levels. From an international law perspective, as Marty Lederman explains here, it looks to be another example of action under color of the much-discussed unwilling/unable principle (unless of course there was conse