Recent Articles
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…
UK Government Proposes Creation of its own Privacy and Civil Liberties (Oversight) Board
The U.K. government announced this week its intention to replace the Independent Reviewer of Terrorism Legislation with a new Independent Privacy and Civil Liberties Board. The…
News Roundup and Notes: July 17, 2014
Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. Israel-Palestine A senior…
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…
News Roundup and Notes: July 16, 2014
Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. Israel-Palestine Following…
Road Map I: What More Congress (and the Administration) Can Do to Promote Accountability in Sri Lanka
The Obama administration has taken the lead internationally to promote accountability in Sri Lanka. The principal focus is on war crimes and crimes against humanity committed during…
DOJ Files Opening Brief in Klayman Appeal
It’s been some time since we’ve discussed developments related to the Section 215 telephony metadata program. More attention of late has been focused on Section 702…
Beyond the US-German Case: Understanding the Espionage “Rules of the Game”
As a former Chief of Europe Division in the CIA, I have no comment to offer concerning the Germany espionage flap, of which I know nothing, save for what I have read in the press.…
News Roundup and Notes: July 15, 2014
Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. Israel-Palestine Haaretz has…
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…
British Government’s “Fast-Track” Surveillance Legislation Proposals
On July 10, Theresa May, the Home Secretary made an oral statement in the House of Commons introducing “fast track legislation” – the Data Retention and Investigatory Powers…
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…