Military Commissions

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The Stakes of al-Bahlul, Nine Months Later…

This past Monday marked nine months since the en banc oral argument in al-Bahlul v. United States, in which the D.C. Circuit is considering whether military commissions at Guantánamo…
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Backgrounder: Preliminary Examination into Abuses by United Kingdom Personnel in Iraq

As we reported earlier, the ICC Office of the Prosecutor has reopened the preliminary examination into crimes committed by United Kingdom personnel in Iraq from 2003-2008  during…
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Where is al-Bahlul??

I’d previously only been tweeting about this, but it seems worth a proper post to flag the remarkable fact that it’s now been well over seven months (!) since the…
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Judge Pohl’s order requiring disclosure of details of CIA’s “black sites” now unclassified

As I mentioned last week, in the al Nashiri military commission case, Judge Pohl has issued an order requiring that the prosecution turn over to the defense team the details —…
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In al Nashiri, Judge Pohl orders disclosure of details of CIA’s “black sites” to the defense

To say it has been an eventful week for the military commissions in Guantanamo might be an understatement.  As Ruchi has covered each morning this week in the Early Edition, the…
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Military Courts and Article III

For some time, I’ve been working on the larger implications of the jurisprudence arising from the Guantánamo military commissions and the Court of Appeals for the Armed…
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The Abu Ghaith Trial: How U.S. terrorism prosecutions are supposed to happen

Today’s conviction on all counts in the trial of  Osama bin Laden’s son-in-law is the best response yet to critics like Senators Mitch McConnell and Lindsey Graham who claim…
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Conspiracy – A Quick Historical Survey

As the trial of Mr. Sulaiman Abu Gaith, the son-in-law of Osama bin Laden continues in New York in the United States District Court, we take this opportunity to provide a brief…
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Al Darbi Pleads Guilty but Questions Remain [UPDATED re AE168]

In news today from the military commissions in Guantanamo Bay, Ahmed Mohammed Ahmed Haza al Darbi pled guilty to charges brought against him—charges which arose from his role…
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The al Iraqi Case and the Future of Military Commissions

This morning’s New York Times features a story by Charlie Savage about yesterday’s addition of a conspiracy charge to the pending military commission proceeding at…
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An al Qaeda Armed Conflict with France or Malaysia?: The Legal Question at the Heart of the al Darbi Case

Yesterday the Acting Convening Authority of the GTMO Military Commissions, Navy General Counsel Paul Oostburg Sanz, referred charges against Ahmed Mohammed Ahmed Haza al Darbi,…
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Quasi-public Guantanamo Detainee Hearings Start Tomorrow

On Tuesday morning, select members of the media and human rights groups will, for the first time, be allowed to observe a portion of a Periodic Review Board hearing for a detainee…
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