Terrorism & Violent Extremism

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

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NDAA Followup: Outcome on Amendments a Mixed Bag

Here’s a quick follow-up on what happened to the five proposed amendments to the House version of the FY2015 National Defense Authorization Act (NDAA) that I flagged yesterday.…
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David Barron and the OTHER missing memos

David Barron was just confirmed to the First Circuit. To secure that vote, the Administration announced it would not appeal the Second Circuit’s order to turn over a redacted…
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5 Key NDAA Amendments to Watch For

Congress is considering the National Defense Authorization Act this week, and several proposed amendments in the House to this annual authorization bill would have significant…
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The Limits of the Logic that the Power to Kill includes the Power to Detain

I will soon have a longer post on the UK High Court judgment in Mohammed v. Ministry of Defense, but here I want to consider a specific argument that implicates the authority of…
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Serdar Mohammed: A View onto U.S. Detentions

[Editor’s Note: This post is part of a“mini forum” hosted by Just Security that analyzes different elements of the judgment in Serdar Mohammed v. Secretary of State for…
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Assessing Serdar Mohammed through the Prism of Derogation and Detention

Last week the High Court of England and Wales, per Mr Justice Leggatt, delivered a comprehensive judgment in Serdar Mohammed v. Ministry of Defence [2014] EWHC 1369 (QB). The case…
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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…
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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…
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Where is al-Bahlul??

I’d previously only been tweeting about this, but it seems worth a proper post to flag the remarkable fact that it’s now been well over seven months (!) since the…
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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…
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The D.C. District Court’s Power to Hear the New Nashiri Suit

As Wells Bennett noted on Friday over at Lawfare, attorneys for Abd al-Rahim al-Nashiri, a Guantánamo detainee facing capital charges before a military commission for his alleged…
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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…
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