Military Commissions
182 Articles
The apparent end of the “gag orders” for GTMO detainees
Back in February, I explained that the protective orders in two Military Commissions cases had been amended to now permit the defendants and their counsel to speak publicly about…
Understanding the “end of war” dispute in the al Warafi habeas case
Attorneys for Mukhtar Yahia Naji al Warafi have filed their reply brief in the habeas action challenging al Warafi’s continued military detention at Guantánamo. As I have previously explained,…
Lessons From the North: Omar Khadr’s Release on Bail in Canada
UPDATE: The Supreme Court of Canada unanimously ruled on May 14 that the U.S. military commission that convicted Omar Khadr sentenced him as a juvenile and not, as the Canadian…
Corn and Jenks and Me on
Military Jurisdiction and Article III
For Federal Courts nerds, those with nothing better to do, or both, I thought I’d post links to two pieces of interest arising out of my recently published article, Military…
The Government (Sort of) Wins a Guantánamo Military Commission Appeal
No, not that one. In a two-page order issued this morning, the D.C. Circuit (Tatel, Griffith, & Silberman, JJ.) dismissed the appeal of former Guantánamo detainee Ibrahim…
The NDAA 2016: GTMO Restrictions Redux (and A Sensible Alternative From Rep. Smith)
The full House Armed Service Committee today will be considering (what’s known as “marking up”) the draft National Defense Authorization Act for 2016 (NDAA). Sections 1036…
The al Bahlul Oral Argument Semianniversary
Today, April 22, marks the six-month anniversary of the oral argument before the D.C. Circuit in al Bahlul v. United States, by far the most significant constitutional challenge…
The Complexity of Addressing Sexual Violence Experienced by Guantanamo Bay Detainees
The Senate Torture Report enabled deeper understanding of the depth and range of violence experienced at CIA black sites by male detainees who later ended up at Guantanamo Bay,…
More on Flawed Research and Flawed Counterterrorism Policies
I want to concur with the thoughtful views articulated by Michael German last week addressing terrorism and counterterrorism research. Having spent twenty years working and researching…
When Does Int’l Humanitarian Law Call for Releasing Prisoners in Armed Conflicts
On March 30, lawyers representing five Afghan detainees at Guantanamo Bay asked President Obama and four senior administration officials to release their clients on the grounds…
Perfidy, ambush, snipers, and the COLE bombing (al Nashiri) case
Thanks to Rogier Bartels and Kevin Heller for their fascinating debate here and at Opinio Juris on whether the alleged Israeli/U.S. car-bomb operation operation that killed Hezbollah’s…
Salvadoran General Deemed Deportable In the Absence of Criminal Charges
UPDATE: Former Defense Minister of El Salvador, Vides Casanova, has been detained pending extradition. The Board of Immigration Appeals (BIA) ruled last week that General Carlos…