Terrorism & Violent Extremism

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

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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…
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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…
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SSCI Report Names Djibouti as Host to CIA “Black Site,” as Case Pends before the African Commission

Djibouti is named as a host of a CIA “black site” in the Senate Select Committee on Intelligence (SSCI) report examining the extraordinary rendition and secret detention…
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Benghazi Oversight Updates: Of “Smoking Guns,” Judges & Committee Rifts

There have been a few developments over the last week in the ongoing congressional oversight activity related to the terrorist attack on U.S. personnel and facilities in Benghazi,…
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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…
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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…
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Are AQAP Domestic Insurgents in Yemen Covered by the AUMF?

According to Dan Klaidman’s excellent book, President Obama and John Brennan drew a red line in 2011: The United States would target members of Al Qaeda in the Arabian Peninsula…
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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…
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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,…
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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…
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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…
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Justice Breyer’s intriguing suggestions in Hussain: A sign of habeas challenges to come?

Last month I predicted that one or more Justices would issue a separate opinion when the Court denied certiorari in Hussain, and that the likely topic of such an opinion would…
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