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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…
Just Security

Why Killing Terrorists Creates Long-Term Due Process Obligations and What Happens When these Debts Become Due

In July 2013 the European Court of Human Rights (ECtHR) found the United Kingdom in violation of its investigative obligations under Article 2 of the European Convention on Human…
Just Security

News Roundup and Notes: November 12, 2013

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. Iran The Guardian (Julian…
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The Khadr Appeal [UPDATE: and the Hicks Appeal]

In October 2010, Omar Khadr pleaded guilty to four violations of the Military Commissions Act of 2009.  Khadr, who is presently serving out his sentence in Canada, has now appealed…
Just Security

Who Can You Trust? Competing Media Versions of France’s Role in the Iran Nuclear Talks

At the conclusion of the nuclear talks in Geneva this weekend, a consensus emerged in the media: as a result of French Foreign Minister Laurent Fabius’s objections, the talks…
Just Security

News Roundup and Notes: November 11, 2013

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. Iran The International Atomic…
Just Security

Recap of the Week’s Posts on Just Security (Nov. 2-Nov. 8)

I. Surveillance and Data Collection Thomas Earnest, PCLOB Hearing on NSA Review (Monday, Nov. 4) Marty Lederman & Steve Vladeck, The Constitutionality of a FISA “Special…
Just Security

Making Sense of the NSA Metadata Collection Program (Part II)

In a previous post here on Just Security, I discussed the constitutionality of the National Security Agency (NSA) program that sweeps up detailed “metadata” pertaining to essentially…
Just Security

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…
Just Security

Some Thoughts on the ICC OTP Strategic Plan: Trying to Build the Future on the Failures of the Past

On October 11th of this year, the Office of the Prosecutor (OTP) at the International Criminal Court (ICC) issued its Strategic Plan for 2012-2015. This roadmap for the conduct…
Just Security

News Roundup and Notes: November 8, 2013

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. Iran Iranian Foreign Minister…
Just Security

My New Paper on Standing and Secret Surveillance

Our good friend (and separation-of-powers maven) Peter Shane from (the) Ohio State University’s Moritz College of Law is hosting a “virtual” symposium on NSA…
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