Terrorism & Violent Extremism
Counterterrorism
780 Articles
The Second Circuit and the Vices of Selective Disclosure
I’ve now had a full day to digest yesterday’s lengthy decision by the Second Circuit in New York Times v. Department of Justice, which, among other things, orders…
Judge Pohl’s order requiring disclosure of details of CIA’s “black sites” now unclassified
As I mentioned last week, in the al Nashiri military commission case, Judge Pohl has issued an order requiring that the prosecution turn over to the defense team the details —…
Second Circuit Orders Release of Redacted OLC Aulaqi Memo
A big morning for courts and national security… next up is this immensely significant decision from the Second Circuit in New York Times v. Department of Justice, which,…
State of play of the SSCI report on the CIA interrogation program: the relationship between declassification and disclosure
Last Thursday, Senator Diane Feinstein, the Chairman of the Senate Select Committee on Intelligence (SSCI), issued a statement that the SSCI had voted that afternoon “to…
The al-Aulaqi Opinion and Fourth Amendment “Seizures”
Friday’s decision by Judge Collyer, in which she dismissed Bivens claims brought by the families of Anwar al-Aulaqi, his son Abdulrahman, and Samir Khan (arising out of their…
Too Much War, Not Enough Human Rights from the UN Special Rapporteur and European Parliament
Special Rapporteur on human rights and counterterrorism Ben Emmerson’s latest report and the European Parliament’s resolution on drones highlight some pressing issues. Most…
Key Findings in New UN Special Rapporteur Report on Drones
The UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Ben Emmerson, has now released the final report on…
United Nations Releases New Report on Drones
[Editor’s note: Emmerson’s drone report is also publicly available on the UN website.] Last year, two UN Special Rapporteurs released major reports on drones — a…
Lithuanian Prosecutors Open Probe into CIA Black Site
The Lithuanian Prosecutor General’s Office has opened a pre-trial investigation into allegations that a Saudi Guantánamo detainee, Mustafa al-Hawsawi was held at a secret CIA…
Miranda: Blame Parliament Before Blaming the Courts
In August 2013, David Miranda, partner of journalist Glenn Greenwald, was transiting through Heathrow, on his way from Germany to Brazil when he was detained and searched under…
More Executive-Minded than the Executive
The English judiciary continues to show its habit of subservience to the government on security matters. In August 2013, David Miranda, who was carrying a hard disk with files…
Do “Extrajudicial Releases” of Afghan Detainees Violate International Law?: The Missing Legal Arguments
Today’s release of detainees by Afghan authorities, from the Parwan detention facility near Bagram airfield, has met with strong responses by the US embassy in Kabul (here) and…