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Just Security

Two Quick Reflections on Why al Maqaleh III Matters

Over at Lawfare, Raffaela Wakeman already flagged today’s (unsurprising) D.C. Circuit decision in al Maqaleh v. Hagel, once again dismissing for lack of jurisdiction appeals…
Just Security

Senate Passes the NDAA

Late this evening, the Senate passed by a vote of 84-15 the compromise NDAA legislation that the House approved last week; it should be sent to the President for his signature…
Just Security

Updates from Today’s 9/11 Case Hearings Before the Military Commission

Today was the second public session of this week’s pre-trial motion hearings in the 9/11 case before the military commission in Guantanamo Bay.   As I am sure many readers…
Just Security

Can §215 Be Used for Content Collection?

At this week’s Senate Judiciary Committee hearing on the National Security Agency’s surveillance authorities, Sen. Patrick Leahy posed a crucial question to the government’s…
Just Security

International Human Rights Law and Preventive (Security) Detention: A European Exceptionalism?

1. Ryan Goodman is right when he states, in an earlier post on Just Security, that “a significant body of international human rights law clearly permits, and regulates, preventive…
Just Security

Progress on the 2014 NDAA — A Guantanamo Victory

Congress has now released its compromise version of the 2014 National Defense Authorization Act reconciling the House and Senate bills into a revised version that is slated to…
Just Security

Preview — Hassan v. UK

Tomorrow (December 11, 2013) the Grand Chamber of the European Court of Human Rights (the ECtHR) will hear the case of Hassan v. United Kingdom (Application No. 29750/09). The…
Just Security

A Review of the Special Rapporteur Reports Regarding “Drones” and the Use of Lethal Force

Background The UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Mr Christof Heyns, recently reported on the topic of the use of lethal force through armed…
Just Security

Sixth-Month Anniversary of the President’s NDU Speech

Today marks the six-month anniversary of President Obama’s now-famous speech at the National Defense University on May 23, 2013.  In his speech, the President described…
Just Security

Decision Time: Key Issues in the U.S.-Afghan Bilateral Security Agreement

The U.S. and Afghanistan agreed this week on the terms for an extended U.S. military presence in Afghanistan after 2014.The Bilateral Security Agreement (BSA), which the Loya Jirga…
Just Security

Equating Terrorism and Bubonic Plague: Bad for Counterterrorism, Bad for the Constitution

If I were Al Qaeda’s director of propaganda and managed to infiltrate an agent into the American judiciary, I’d want him to exaggerate the terrorist threat and then leverage…
Just Security

Periodic Review Board Hearings start up at Gitmo this week – but why in Secret?

Although the Pentagon this week will finally start holding review hearings for Guantanamo detainees who remain in indefinite detention and haven’t yet been cleared for release…
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