Recent Articles
House Armed Services Committee Hearing: The May 31, 2014 Transfer of Five Senior Taliban Detainees
Happening now Secretary of Defense Chuck Hagel testifies before the House Armed Services Committee the May 31, 2014 transfer of five senior Taliban detainees. Secretary Hagel’s…
News Roundup and Notes: June 11, 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. The fall of Mosul Tens of…
Congress Clearly Contemplated Prisoner Exchanges as Part of NDAA Notification Requirements–and so did the White House
Some think the following is the Obama administration’s main argument for bypassing Congress in transferring the 5 Taliban detainees from Guantanamo: Congress did not contemplate…
European Court of Human Rights Rules on Amnesty and Double Jeopardy
On May 27th, the European Court of Human Rights ruled on one of the more contentious issues in the international criminal law and transitional justice sphere; namely whether political…
News Roundup and Notes: June 10, 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. Afghanistan The International…
Interpretation and Retaliation in the Obama Administration
Caitlin Hayden’s statement last week on “why it was lawful” to exchange five Taliban prisoners held at Guantanamo for Sergeant Bergdahl, “notwithstanding the notice requirement…
Sgt. Bergdahl and the High Priority to Recover Missing Soldiers
So far as I can tell, the issue of whether Sergeant Bowe Bergdahl was a deserter is an issue that has very little relevance to any question of the legality or wisdom of the US…
News Roundup and Notes: June 9, 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. American prisoner exchange…
Recap: A Guide to Recent Posts on Just Security (May 31 – June 6)
I. The Bergdahl Prisoner Exchange Marty Lederman, The Bergdahl Exchange [including Fifth Update] (Tuesday, June 3) Marty Lederman, The Administration’s explanation for why it…
Could Desertion in Afghanistan Be a Capital Offense?
As the debate over last weekend’s prisoner exchange continues, one of the darker memes to emerge is the suggestion that Sergeant Bergdahl could/should be court-martialed…
Eugene Fidell on Defection, Desertion, AWOL—and Whether to Prosecute
One of the clearest thinkers on US military justice and procedure is Eugene Fidell. And one of my favorite interviewers is Robin Young on WBUR’s Here and Now. The two recently…
Statelessness update: the UK Government makes concession to citizenship-stripping proposals
Just Security has been covering citizenship-stripping proposals on both sides of the Atlantic. In an earlier post, I wrote about the UK Government’s citizen-stripping proposal…