Matt Waxman argues that even if President Obama is able close Guantanamo, nothing he has done so far will prevent the creation of another detention facility.

President Obama signed this directive on May 23, 2013, which he said in a speech at the National Defense University is a framework that governs the use of force by United States against terrorists.

President Barack Obama outlined on May 23, 2013, at the National Defense University, his administration's counterterrorism strategy, which include three areas: "targeted action against terrorists; effective partnerships; and diplomatic engagement and assistance." He discussed legal and moral concerns, and congressional oversight regarding the use of lethal targeted drone attacks and terrorist detention centers, and signed a policy directive to guide future operations.

Attorney General Eric Holder sent this letter on May 22, 2013, to U.S. Senate Judiciary Committee, addressing accountability, transparency, and legality of U.S. counterterrorism operations. He discloses previously classified information regarding the deaths of four U.S. citizens involved in terrorist groups, who were "outside the area of active hostilities" and were targeted by lethal drone attacks. This letter came before President Obama's speech at the National Defense University and his Presidential Policy Directive, which outline the administration's policies regarding counterterrorism operations, including drones and terrorist detention camps. See also the Department of Justice Memo: Lawfulness of a Lethal Operation Directed Against a U.S. Citizen who is a Senior Operational Leader of Al Qa'ida or An Associated Force.

Carla Anne Robbins says, "The drone war isn't going away. As the U.S. slashes budgets, the lethality and cost-effectiveness of drone strikes will likely make them an even more attractive option. But that doesn't mean the current policy is wise or even sustainable."

NBC News published this Department of Justice confidential white paper on February 5, 2013, which outlines the legal framework that would allow the U.S. government to "use lethal force in a foreign country" against a U.S. citizen highly involved with al-Qaeda or its associates. A bipartisan group of U.S. senators requested all classified documents related to the legality of targeted killings of Americans be released.

This Congressional Reseach Service report briefly summarizes the legal issues raised by the choice of forum for trying accused terrorists, and provides a chart comparing selected military commissions rules under the Military Commissions Act to the corresponding rules that apply in federal court.

Targeted killings are up in Yemen and military trials have resumed in Guantanamo. CFR's Matthew Waxman assesses the White House's evolving legal basis for its war on al-Qaeda.

News of planned military trials for five 9/11 suspects underscores the Obama administration's need to more forcefully defend the necessity of military tribunals if they are to have legitimacy at home and abroad, says CFR's Matthew Waxman.

Attorney General Eric Holder gave these remarks regarding targeted killing at at Northwestern University School of Law on March 5, 2012.

Matthew C. Waxman discusses U.S. attorney general Eric Holder's address providing the Obama administration's legal rationale for targeted killings of certain al Qaeda suspects--including U.S. citizens.

This Congressional Research Service report focuses on the legal issues of wartime detention, with special emphasis on how it applies to U.S. citizens and residents after September 11, 2001.

Detainee policy that would mandate military custody for al-Qaeda suspects captured in the United States could have a detrimental impact on U.S. counterterrorism operations, say CFR legal experts Matthew C. Waxman and John B. Bellinger III.

Ed Husain argues that the killing of Anwar al-Awlaki has undermined core American values and principles.

Guantanamo Bay, where hundreds of terror suspects have been detained since 9/11, has underscored the need for flexibility and careful balancing in detainee policy to confront twenty-first-century threats, writes CFR's Matthew Waxman.

The Obama administration will argue its operation against Osama bin Laden in Pakistan observed both U.S. and international law, and it appears any challenges will be mute, writes CFR's John Bellinger.

William Shawcross believes the United State should use the Nuremberg trials as a precedent when evaluating future legal proceedings against Al Qaeda and its associates.

Tim Starks and Seth Stern of Congressional Quarterly argue that after nearly a full decade into the war on terrorism the United States still lacks a legal framework for what is widely seen as the top national security threat of the modern era.