Terrorism & Violent Extremism

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

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First “Public” PRB Hearing Raises More Questions Than it Answers

As expected, today’s Periodic Review Board hearing, the first so-called “public” one of these events, was completely uneventful.  In the case of Abdel Malik Ahmed Abdel…
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Quasi-public Guantanamo Detainee Hearings Start Tomorrow

On Tuesday morning, select members of the media and human rights groups will, for the first time, be allowed to observe a portion of a Periodic Review Board hearing for a detainee…
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Counterterrorism Under the Radar: A Notable No Fly List Case and its Broader Implications

Amidst all the discussion of the President’s speech on surveillance (and the PCLOB Report on the same subject), the release of Robert Gates’ memoir, and the discovery of horrific…
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A $15 Million Dollar Torture Partnership

It has been common knowledge for a while that Poland hosted a secret CIA prison where Abd al Rahim al Nashiri and other prisoners now held in Guantánamo were detained and tortured. …
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An Inauspicious Anniversary: It’s Time to Release the Report of the Special Interagency Task Force on Interrogations and Transfer Policies

Yesterday was the five-year anniversary of President Obama’s Executive Order 13491 on ensuring lawful interrogations. The Order, one of the first acts of the Obama administration,…
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Understanding What it Means to be “Approved for Transfer”: A Response to Lawrence Rosenthal

Lawrence Rosenthal argues below that the Executive lacks any AUMF authority to continue to detain GTMO detainees who have either been approved for transfer by the GTMO Review Task…
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The Constitutional Case for Judicial Authority To Order the Transfer and Release of Guantánamo Detainees Cleared for Release

In the statement that he issued as he signed the 2014 National Defense Authorization Act (NDAA), President Obama, addressing the Act’s continuing restrictions on the transfer…
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Trials in Absentia Under International, Domestic and Lebanese Law

As a follow on to our backgrounder on the Special Tribunal for Lebanon, one additional feature of the current proceedings is worthy of note: the trials are proceedings in absentia. …
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Osama bin Laden’s Son-in-Law to Face Trial in NY Within a Year of His Arrest

Judge Lewis Kaplan in the Southern District of New York has been keeping busy.  In just the last week, Judge Kaplan issued three decisions in the case of Osama bin Laden’s…
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Senate Intelligence Committee Releases Benghazi Report

This morning the Senate intelligence committee released its long-delayed report on the attack of the U.S. diplomatic facility in Benghazi, Libya.  The report, which includes a…
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After the AUMF: Iraq and Al Qaeda Redux

Over at Lawfare, Jack Goldsmith takes quite a different lesson from the push to repeal of the 2002 Iraq AUMF than Steve and I suggested here. In Jack’s view, the administration…
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After the AUMF: Iraq and al Qaeda

On Tuesday, the Obama administration announced its support for repealing the 2002 authorization to use force in Iraq.  This should not be surprising: after all, the President…
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