Al Bahlul: the D.C. Circuit splits on conspiracy as a military commission offense

The U.S. Court of Appeals for the District of Columbia Circuit yesterday handed down its en banc decision in Al Bahlul v. United States. Lawfare has this explainer by Helen Klein Murillo and Alex Loomis, students at Harvard Law School. The decision can be found here.

Whether conspiracy can be tried by military commission even if it is not an offense under the Law of Nations is the core issue. It should be resolved by the Supreme Court.