Over at Opinio Juris, Julian Ku points to today’s front page NYT story by Charlie Savage detailing secret memos and meetings among the leading lawyers seeking to address national security and terrorism issues, including detentions, drone strikes, the question of armed conflict, and other things. In my posts, I have been focused on the question of drones and targeted killing, but of course that issue and its legal authorities are intertwined with other questions, such as detention. It’s a long piece by Savage, introduced by saying:
The discussions, which shaped classified court briefs filed this month, have centered on how broadly to define the types of terrorism suspects who may be detained without trials as wartime prisoners. The outcome of the yearlong debate could reverberate through national security policies, ranging from the number of people the United States ultimately detains to decisions about who may be lawfully selected for killing using drones.