Afghanistan
371 Articles
The British Library Did Not Need to Self-Censor
I enjoyed reading Shaheed Fatima’s excellent post from last week about the British Library’s decision not to accept the digital archive of materials collected by the Taliban…
When Do Countries Have to Investigate War Crimes?
In late August, the New York Times and others reported that the US Army had reopened a criminal investigation into the murders of at least 17 civilians in Afghanistan in 2012 and…
Self-Censorship in Action: The British Library Rejects Taliban Archive
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
A Missed Opportunity: DOD’s Law of War Manual & Applying Law as a Matter of Policy
Editor’s Note: This post is the latest in Just Security’s “mini forum” on the new Defense Department Law of War Manual. This series includes posts from Sean Watts,…
Is al-Qaeda v Islamic State the Right Question?
Which terrorist group is a bigger threat to the United States, al-Qaeda or the Islamic State (IS)? It almost sounds like the sort of question you’d put to a child comparing movie…
The Reason Why the UK Lost the Serdar Mohammed Case
The United Kingdom Court of Appeal handed down its judgment in Serdar Mohammed v. Ministry of Defense last Thursday. The decision, which assessed the lawfulness of the 110-day…
Judge Lamberth decides Warafi
As Jen noted, Judge Lamberth today denied Mukhtar Yahia Naji al Warafi’s renewed habeas petition challenging his continued military detention at Guantánamo. As I have previously explained,…
Letter to the Editor: The Geography of the War Against al-Qaeda
Nathalie Weizmann’s compendium of various views on the geographic scope of a non international armed conflict (NIAC) is extremely useful. In addition to the listed papers,…
al Warafi’s active hostilities
As Marty Lederman’s earlier post explains, a D.C. district court is now considering the habeas petition of Guantanamo detainee Mukhtar Yahia Naji al Warafi, found in an earlier…
Understanding the “end of war” dispute in the al Warafi habeas case
Attorneys for Mukhtar Yahia Naji al Warafi have filed their reply brief in the habeas action challenging al Warafi’s continued military detention at Guantánamo. As I have previously explained,…
Letters to the Editor on End-of-War Claims from Guantánamo Detainees
My post from last Thursday has provoked a pair of letters-to-the-editor from lawyers for current and former Guantánamo detainees. Below the fold, I reprint them in full, and…
The Perverse and Unintended Consequences of Serdar Mohammed v. Defence
An important case in the United Kingdom (Serdar Mohammed v. Defence) and a major statement by the UN Human Rights Committee (General Comment 35) come to the wrong legal conclusion:…