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International and Foreign

White House Spokesman Changes the Story on Flynn’s Calls to Russian Ambassador

The Trump administration continues to change its story on when and how many times Lt. Gen. Michael Flynn, Trump’s national security adviser, spoke to Russian Ambassador Sergey Kislyak on the phone Dec. 29, the same day the Obama administration announced new sanctions against Russia and kicked out 35 Russian officials in response to Russian hacking.  continue »

The UK Supreme Court’s Landmark Judgment Belhaj v. Straw: A View From the United States

 

On Tuesday, the Supreme Court of the United Kingdom gave its judgment in Belhaj v. Straw and Rahmatullah v. Ministry of Defence, two human rights cases brought against UK officials in UK courts. Plaintiffs did not claim that UK officials were the main actors in the alleged human rights violations, which included unlawful detention, rendition, and torture.  continue »

UK Supreme Court Judgment on Extra-Territorial Detention in Iraq and Afghanistan

 

Today, the UK Supreme Court gave judgment (full text) in the joined appeals of Al Waheed v Ministry of Defence and Serdar Mohammed v Ministry of Defence (in which I represented the First Interveners, with Paul Luckhurst). It is the latest in the post-Al Skeini line of cases in which English courts, and the European Court of Human Rights (ECtHR) have grappled with the application of the European Convention on Human Rights (ECHR) to extra-territorial military operations carried out pursuant to UN Security Council Resolutions (UNSCRs).…   continue »

The Supreme Court, the Trump Transition, and the Future of the Constitutional “Border”

With all due respect to the Emoluments Clauses, perhaps the most important set of constitutional questions implicated by the presidential transition involves the individual rights of non-citizens, be they immigrants physically in the United States (with or without lawful status, Muslim and otherwise), arriving non-citizens stopped “at the border,” refugees seeking shelter from active war zones or other inhumane conditions, or those on foreign soil who are subjected to U.S.…   continue »