Terrorism & Violent Extremism
Counterterrorism
780 Articles
Why Civil Libertarians and Drone Critics Should Support David Barron
Sen. Rand Paul has an op-ed in the New York Times today opposing the nomination of David J. Barron to the U.S. Court of Appeals for the First Circuit until the memos Barron wrote…
Preview: Lithuania to Face Questioning by UN Committee against Torture about “Black Sites”
On Monday, the UN Committee against Torture (“the Committee” or “the CAT Committee”) will review Lithuania’s third periodic report on its compliance with the Convention…
Interrogation-Based Detentions and the Law of Armed Conflict: What Mohammed v. Ministry of Defense Didn’t Have to Say
I am working on a post that dives into the core issue in Mohammed v. Ministry of Defense (MOD)—whether the law of armed conflict (LOAC) permits security-based detentions in non-international…
Does IHL Need Human Rights Law?: The Curious Case of NIAC Detention
As Ryan noted last week, the United Kingdom’s High Court ruled in Serdar Mohammed v. Ministry of Defense that the United Kingdom’s 110-day detention of a suspected Taliban…
Does IHL Authorize Detention in NIACs?
As Ryan recently reported, the United Kingdom’s High Court of Justice has issued an important ruling in Serdar Mohammed v. Ministry of Defense. The Court ruled that the long…
Mini Forum on UK High Court Ruling British Forces Lack Detention Authority in Afghanistan
On May 2, the High Court of England and Wales handed down a judgment in Serdar Mohammed v. Ministry of Defense (full text). Mr. Justice Leggatt held that British forces lacked…
Legal Action Taken to Expose Denmark’s Role in US Targeted Killing Program
As reported in today’s Just Security Roundup, news this morning out of Denmark is that the Open Society Justice Initiative (OSJI) is pursuing a potential suite of legal actions…
Terrorist Watchlists and the Myth of Individual Suspicion
Jen Daskal commented last week on the revelation of a secret exception to the “reasonable suspicion” standard for adding people to the terrorist watchlist. I want to raise…
Remembering Abu Ghraib (2): Not Company Men and Women
[This is the second of a two-part post on the tenth anniversary of the Abu Ghraib scandal. I broke it up for easier reading. The first part is here.] Most people will comply but some…
Remembering Abu Ghraib (1): Torture Everywhere and the Accountability Gap
[This is the first of a two-part post on the tenth anniversary of the Abu Ghraib scandal. I’ve broken it in half for easier reading.] No exceptional circumstances whatsoever,…
Secrets Revealed: The Government’s No Fly List Arguments Aren’t Flying
Last week Judge William Alsup (N.D. Cal.) released the unredacted version of his ruling in the first-ever challenge to the no-fly list to be decided on the merits – a case that…
Realpolitik and Closing Guantánamo: A Response to Deborah Pearlstein
A few weeks back, I posted about my new Fordham Law Review essay, “Detention After the AUMF,” which explains how the President could use existing authority–to…