Military Commissions
200 Articles

Brett Kavanaugh and the Risk of a Return to Torture
Brett Kavanaugh, holds a stark view of the role of international law, which could threaten the protection of fundamental human rights, including the right not to be tortured.

What the Heck is Happening in Al-Nashiri?: The Ten-Layer Dip at the Heart of the Latest Guantánamo Mess
It’s hard to imagine a better microcosm of everything that’s gone wrong with the Guantánamo military commissions than the current headaches arising out of the prosecution…

The Future of the US Military Commissions: Legal and Policy Issues
The American Bar Association releases significant new report on fate of military commissions at Guantanamo. Judge Jamie Baker and Laura Dickinson served on the Committee and highlight…

Episode 60 of the National Security Podcast: TL;DL – This Is Why We Can’t Have Nice Things
An over-long episode with a short title to reflect a very busy–and somewhat bizarre–eight day stretch in the wide world of national security law. This week, your hosts Professor…

Two Updates in Mass Guantanamo Habeas Case
A U.S. military guard carries shackles before moving a detainee inside the U.S. detention center for ‘enemy combatants’ on September 16, 2010 in Guantanamo Bay, Cuba.…

Today’s Mass Guantanamo Habeas Petition and the Ongoing Human Cost of America’s “Battle Lab”
Today, the Guantanamo prison enters its 17th year. 41 Muslim men still languish there, trapped in an ever-present reminder of their captors’ official experiment with torture.…

Alseran v MOD and the Legal Risks in Treating All Captives as Prisoners of War
British and American troops with Iraqi captives in March 2003. (UK MOD) Last month, the English High Court delivered its judgment in favour of the claimants in Alseran and Others…

Episode 51 of the National Security Podcast: Temporary, Immediate, and Unmonitored Access to this Podcast
Well, 2017 is almost done. No doubt there are a few more kicks-in-the-pants on the way before it’s all said and done, but hey, we can at least offer you one final episode of…

Episode 50 of the National Security Law Podcast: The Big Chill
Are your other podcasts letting you down by taking a holiday break? Never fear, National Security Law Podcast is here! With two hosts who would much rather be podcasting than…

Episode 49 of the National Security Law Podcast: Interrogation, Detention, Prosecution, and Targeting
In this week’s episode, Bobby Chesney and I pick up the thread on a handful of familiar issues, and introduce a few new ones as well. Interrogation: The topic is a blend,…

The Secret Ruling That Broke the Guantanamo Military Commissions
Sixteen years after Sept. 11, 2001, and 17 years after two suicide bombers killed 17 sailors aboard the USS Cole, the death penalty trials of the Guantanamo detainees accused of…

Episode 46 of the National Security Law Podcast: The $15 Million Dollar Man
In this week’s episode, your devoted hosts dig into a bonanza of national security law odds-and-ends. First up is an en banc decision by the Foreign Intelligence Surveillance…