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To Detain Lawfully or Not to Detain: Reflections on UK Supreme Court Decision in Serdar Mohammed

The United Kingdom Supreme Court recently delivered a number of high profile and long-awaited decisions, Belhaj v Straw and Rahmatullah v Ministry of Defence, and the joined appeals…

UK Supreme Court allows claims to proceed against UK officials for complicity in CIA torture

Earlier this month, the UK Supreme Court unanimously ruled that claims against UK officials for complicity in torture, unlawful detention and rendition are not barred by State…

Understanding Complicity: When the US Makes a “Substantial Contribution” to War Crimes Committed by Foreign Partners

With power comes responsibility. In their new duties, Trump administration officials will need to consider the legal hazards associated with supporting foreign military partners…

How the European Convention on Human Rights Limits Cooperation with the Trump Administration

On the campaign trail, Donald Trump repeatedly promised to keep the Guantanamo Bay detention facility open and to “load it up with some bad dudes.” He also pledged to bring…
A black and white targeting screen shows the explosions from an US airstrike with 2,000lb bombs on ISIS bank in Mosul, Jan. 11, 2016.

How News Media Can Get Misled by Tough Talk on Killing Terrorists

Image: US airstrike with 2,000lb bombs on ISIS bank in Mosul, Jan. 11, 2016 – CENTCOM Less than a half hour after Donald Trump took the oath of office on Friday, ABC News…

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…

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…

UK Supreme Court Issues Two Major Decisions—On cooperation with CIA interrogations and on military detention

On Tuesday, the UK Supreme Court issued two important judgments, which will affect the power of the British government to carry out certain national security policies and, in turn,…

5 Best and 5 Worst Moments from the Week’s Confirmation Hearings on US National Security Issues

The week of confirmation hearings is over, and it’s time to take stock of what we have learned from the people the President-elect has nominated to lead his administration in…
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State Responsibility for Assisting Armed Groups: A Legal Risk Analysis

Last month, the US State Department’s Legal Adviser Brian Egan highlighted one of the most significant legal issues on the horizon: US and coalition forces’ handling of large…

The Newly Released National Security Framework Report: An Important Step Forward

On Tuesday, President Obama made the case in his final national security speech that staying true to American values is not a weakness, but the country’s greatest strength…

New Counterterrorism Program in Los Angeles: Suspicious Thought Reporting?

The FBI is teaming up with local police in Los Angeles to roll out a new approach to prevent domestic terrorism, called RENEW for “Recognizing Extremist Network Early Warnings.”…
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