The United Kingdom Court of Appeal handed down its judgment in Serdar Mohammed v. Ministry of Defense last Thursday. The decision, which assessed the lawfulness of the 110-day security detention of a suspected Taliban commander by UK forces in Afghanistan in 2010, sheds important light on how human rights law and international humanitarian law interact in the context of security detention in an extraterritorial non-international armed conflict.… continue »
International and Foreign
Last Thursday, France’s constitutional court—le Conseil constitutionnel—issued a ruling upholding most of that country’s controversial new surveillance law, enacted in the wake of the Charlie Hebdo terrorist attacks. Francophones can read the untranslated decision here.
The legislation grants the French government sweeping new powers to monitor suspected terrorists.… continue »
For centuries, the authorization of surveillance powers under UK law has – for the most part – been in the hands of the executive rather than judges. All that may be about to change, however, in light of a recent series of reports and judicial decisions.… continue »
As Jen noted, Judge Lamberth today denied Mukhtar Yahia Naji al Warafi’s renewed habeas petition challenging his continued military detention at Guantánamo. As I have previously explained, al Warafi argues that because he is detained as a member of the Taliban’s armed forces, and because the United States and the Taliban are no longer in an armed conflict with one another, the government’s domestic law authority to detain al Warafi under the 2001 AUMF has expired.… continue »
Today, the United Kingdom Court of Appeal handed down its judgement in Serdar Mohammed v Ministry of Defense. A case of great import for British detention policy in Afghanistan, the main appeal centered on the lawfulness of the 110-day detention of a suspected Taliban commander, Serdar Mohammed, by British forces in Afghanistan in 2010.… continue »
Yesterday, I had the pleasure of attending a luncheon honoring winners for best of the 2014-2015 Call for Papers by the Southeastern Association of Law Schools (SEALS) at its annual conference. It featured Just Security‘s own Jen Daskal for her excellent paper, The Un-Territoriality of Data, which is forthcoming in the Yale Law Journal.… continue »
Last week I argued here that the ICC Prosecutor should appeal or refuse to follow the Pre-Trial Chamber’s (PTC) majority order to reconsider her decision not to open a formal investigation into the Mavi Marmara incident. On Monday, the Prosecutor filed her notice of appeal, citing three grounds: (1) the PTC showed inadequate deference to the Prosecutor, who is best-situated to assess gravity of potential situations at the investigation-opening stage; (2) the PTC erred in its application of the gravity test, relying on evidence taken out of context and in isolation; and (3) the PTC failed to address certain, specific arguments and pieces of evidence put forth by the Prosecution.… continue »
Last week the UN Human Rights Committee, the independent body created by the International Covenant on Civil and Political Rights (ICCPR) to monitor states’ compliance, issued its Concluding Observations (COBs) on the periodic reports of seven states, including Canada, France, and the United Kingdom.… continue »
Editor’s Note: Just Security is holding a “mini forum” on the new Defense Department Law of War Manual. This series includes posts from Sean Watts, Eric Jensen, Adil Ahmad Haque, Geoffrey Corn, Charlie Dunlap, Jr.… continue »
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 week or looks ahead to key developments on the horizon.
With most commentary being focused on analyzing the technical requirement of the US and west’s agreement with Iran to curb its nuclear program, it’s also crucial to take on early the broader ramifications of the deal on Middle East stability.… continue »