Afghanistan
362 Articles
The Bergdahl Exchange [Fifth UPDATE (with clarification)]
This is truly wonderful news. The five Taliban detainees transferred to Qatar apparently are: Abdul Haq Wasiq (ISN 004) Mullah Norullah Noori (ISN 006) Mullah Mohammad Fazl (ISN…
Flashback: Comparing Obama’s announcement of Iraq withdrawal to West Point Graduating Class of 2010 (video clip)
Today is not the first time President Obama has addressed the graduating class of the U.S. Military Academy at West Point, and used the opportunity to speak about his vision for…
President Obama on Withdrawal of U.S. Troops from Afghanistan
Today, in remarks delivered from the Rose Garden on the eve of his highly anticipated West Point commencement speech, President Obama outlined his plan to end the war in Afghanistan,…
Assessing Serdar Mohammed through the Prism of Derogation and Detention
Last week the High Court of England and Wales, per Mr Justice Leggatt, delivered a comprehensive judgment in Serdar Mohammed v. Ministry of Defence [2014] EWHC 1369 (QB). The case…
Does IHL Need Human Rights Law?: The Curious Case of NIAC Detention
As Ryan noted last week, the United Kingdom’s High Court ruled in Serdar Mohammed v. Ministry of Defense that the United Kingdom’s 110-day detention of a suspected Taliban…
Does IHL Authorize Detention in NIACs?
As Ryan recently reported, the United Kingdom’s High Court of Justice has issued an important ruling in Serdar Mohammed v. Ministry of Defense. The Court ruled that the long…
Mini Forum on UK High Court Ruling British Forces Lack Detention Authority in Afghanistan
On May 2, the High Court of England and Wales handed down a judgment in Serdar Mohammed v. Ministry of Defense (full text). Mr. Justice Leggatt held that British forces lacked…
New study may explode some myths about drones (and may create new ones)
The CNA Corporation, a non-profit research and analysis organization which runs the Center for Naval Analyses, recently published an important report by Larry Lewis, entitled Drone…
Civilian War Victims Receive Recognition in US Law
When the US military was deployed to Afghanistan and Iraq, it had no plan for addressing civilian casualties despite following rules prohibiting disproportionate or deliberate…
Afghanistan Withdrawal & Wartime Contract Oversight
Ukraine notwithstanding, many recent conflicts have been asymmetrical and sub-state, with ramifications for various legal doctrines, including the law of armed conflict, humanitarian…
State Practice and the Use of Force: Iran Invokes the “Unwilling or Unable” Test against its Neighbors
Can the United States send armed forces into another state to deal with a national security threat from a militant group when the host state is “unwilling or unable” to contain…
Do “Extrajudicial Releases” of Afghan Detainees Violate International Law?: The Missing Legal Arguments
Today’s release of detainees by Afghan authorities, from the Parwan detention facility near Bagram airfield, has met with strong responses by the US embassy in Kabul (here) and…