Terrorism & Violent Extremism

Just Security provides expert legal and policy analysis of terrorism, counterterrorism, and domestic and international violent extremism.

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The Accountability Matrix Widens: Torture, Black Sites and the European Convention

Long awaited decisions by the European Court of Human Rights emerged last week (initially reported here) that substantially address torture and the complicity of European states…
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Rejoinder to David Cole

In his reply to my guest post of yesterday, David Cole criticizes me for offering an imperfect defense of counter-terrorism stings.   Actually, his criticism does not go far…
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The Problems with Counterterrorism Stings: A Response to Samuel Rascoff

[Editor’s note: Don’t miss, Samuel Rascoff’s rejoinder to David Cole’s post, which was subsequently published here on Just Security.]  In his guest post…
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European Court of Human Rights rules against Poland in CIA “black site” case

The European Court of Human Rights has handed down its much-awaited judgments in the cases of Abd al-Rahim al-Nashiri v. Poland and Abu Zubaydah v. Poland. The cases were brought…
Just Security

Sting Operations and Counterterrorism: What’s Really at Stake?

Attorney General Eric Holder was in Europe last week, touting the virtues of American-style counter-terrorism, including the prominent use of stings operations against would-be…
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The Illusion of Justice report and the Use of “Radicalization Theories” in Counterterrorism Sting Operations

[Tarek Z. Ismail is co-author of Illusion of Justice: Human Rights Abuses in US Terrorism Prosecutions, a report co-published by Human Rights Watch and the Columbia Law School…
Just Security

Letter to the Editor — Lt. Colonel David J. R. Frakt: What will Happen to al Bahlul?

I want to thank my esteemed colleagues Steve Vladeck and Marty Lederman for their very illuminating discussion of the D.C. Circuit’s recent decision in al Bahlul. I was Mr.…
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What’s Left of Hamdan II? Quite a Lot, Actually…

Although it’s a bit further into the weeds than the issues Marty and I flagged in yesterday’s lengthy analysis of the en banc D.C. Circuit’s decision in al…
Just Security

al Bahlul and the Future of “Domestic Law-of-War Offenses” in Military Commissions

As Steve wrote on Monday, the long-awaited en banc decision by the U.S. Court of Appeals for the D.C. Circuit in al Bahlul v. United States leaves unanswered many of the questions…
Just Security

A Quick and Dirty Summary of–and Reaction to–the Al-Bahlul Decision [UPDATED]

What follows is a very quick-and-dirty summary of this morning’s ruling by the en banc D.C. Circuit in Al-Bahlul v. United States. There are five opinions, but a couple…
Just Security

En Banc D.C. Circuit Rejects Ex Post Facto Challenge to Guantánamo Military Commission

Here’s the 150 pages worth of opinions. The headline appears to be a rejection of Bahlul’s ex post facto challenge to his conspiracy conviction, but there’s a…
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The D.C. Circuit, Article II, and the Constitutionality of the Guantánamo Transfer Restrictions

When President Obama transferred five Taliban detainees from Guantánamo in exchange for American POW Bowe Bergdahl, forests were felled over whether the Obama Administration…
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