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 D.C. Circuit and Guantánamo, Post-Filibuster Edition

I’ve written a lot (too much!) before about both the D.C. Circuit’s jurisprudence in post-Boumediene Guantánamo cases and the Supreme Court’s passivity in…
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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…
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Heartening News from the Senate — Sections 1031-1033 of the SASC NDAA Survive

The Senate has rejected the Ayotte Amendment by a 55-43 vote.  Senators Donnelly, Hagan and Pryor were the only Democrats in favor; Senators Flake, McCain and Paul were the Republicans…
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Senate to Take Critical Vote on Guantanamo’s Fate

The Senate is poised – possibly as early as this afternoon – to take one of the most important national security votes in years.  As Daphne and Thomas have noted, at issue…
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ICRC’s Public Reply Regarding Order to Turn Over Confidential Reports to Military Commission

As readers may recall, on November 6, Military Commission Judge James Pohl ordered the prosecution to hand over to him all ICRC confidential reports on its visits to Guantanamo…
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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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Anonymous US Officials Admit CIA Accidentally Killed a Yemeni Child in a Drone Strike

Buried in a Los Angeles Times article yesterday was this remarkable government admission: In June, a drone-launched missile hit an SUV carrying an Al Qaeda commander in Yemen.…
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Letter from Human Rights and Civil Liberties Groups Supporting Gitmo Provisions of NDAA

On Friday, a large group of human rights and civil liberties groups sent a joint letter to Members of the Senate in support of the provisions of the NDAA on Guantanamo Bay detainee…
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Preventive Detention and Human Rights Law: A Way Out of Bagram or Another Dead End?

With the drawdown of US forces in Afghanistan, one of the thorniest problems involves the detention of individuals who cannot be criminally tried but nevertheless pose an acute…
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Afghanistan Post-2014: Closing Bagram

With the U.S. combat role in Afghanistan coming to an end, and the Bilateral Security Agreement now under review, officials are under pressure to do something many observers may…
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Should ICRC Reports on Detainee Visits be Turned Over to Military Commission Defense Counsel?

On November 6, Military Commission Judge James Pohl ordered the prosecution to hand over to him all ICRC confidential reports on its visits to Guantanamo that are in the possession…
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The Coming Hicks and Khadr Appeals: Yet Another Military Commission Headache

As various media outlets reported earlier this week, Australian David Hicks–one of the first detainees charged and convicted (via plea) under the Military Commissions Act…
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