Military Commissions
179 Articles

General Martins on the Shrinking Military Commissions
Marty’s important post from last night includes a link to yesterday’s statement by General Mark Martins, Chief Prosecutor of the Guantánamo military commissions, in…

Al-Nashiri can now speak about his treatment … plus news about full SSCI Report
[Editor’s note: This post was originally published at 9:00 PM E.S.T. on February 22, 2015] Two weeks ago, I reported here that the prosecution had submitted motions to the…

The Shrinking Military Commissions, Redux
Back in January, I wrote a post about the Convening Authority’s decision to “disapprove” the findings and sentence in the Guantánamo military commission trial…

“Gag order” on Military Commission defendants substantially lifted
Very important and welcome news from Guantánamo Bay: The defendants in military commissions cases and their counsel are now free to discuss their interrogations and conditions…

Military Commissions and Unintended Constitutional Consequences
Over at Lawfare, I have a post up this morning providing a preview of next Tuesday’s oral argument in the D.C. Circuit in In re al-Nashiri–a mandamus action challenging…

What it Really Means to “Close Guantánamo”
[Editors’ Note: This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous…

2 Years and 55 Prisoners To Go: It’s Time for a Lot More Guantanamo Review Boards
In 2001, Tariq Mahmoud Ahmed al Sawah, a veteran of the war in Bosnia who’d joined up with al Qaeda in Afghanistan, landed in U.S. custody. Injured by a cluster bomb in the Afghan…

The Shrinking Military Commissions
Yesterday’s news that the Convening Authority for the Guantánamo military commissions has “disapproved the findings and sentence,” and dismissed the charges…

14 National Security Law “Heroes” in 2014
We spend a lot of time on this blog being critical–of people; of institutions; of judicial decisions; and of policy developments But as 2014 draws to a close, I thought it…

New Article (and February 2015 Symposium) on Prosecuting Military Detainees in Civilian Courts
Hot off the e-presses, the published version of my Cardozo Law Review article on “Terrorism Prosecutions and the Problem of Constitutional Cross-Ruffing” is now available…

The Torture Convention & Appendix M of the Army Field Manual on Interrogations
We are on the eve of the release of the Senate Select Committee on Intelligence’s report on the Central Intelligence Agency’s interrogation program. Although this report will…

The Hicks Military Commission Appeal
Just over a year ago, I wrote a post about the David Hicks and Omar Khadr cases–and the very real possibility that, as a result of the D.C. Circuit’s decision in “Hamdan…