courts
742 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…
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…
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…
Immunity Before the African Court of Justice & Human & Peoples Rights—The Potential Outlier
As is clear from our prior coverage of the issue, the availability of jurisdictional or defensive immunities is ever-present in discussions of how to ensure accountability for…
Lane v. Franks and the First Amendment Rights of National Security Leakers
At various points in the past, I’ve suggested that, read broadly, the Supreme Court’s 2006 decision in Garcetti v. Ceballos could sound the death knell for First…
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…
Title 18’s Blind Spot: Superior Responsibility
We have discussed at length the ability of the United States government to prosecute international crimes in terms of chargeable crimes and bases of jurisdiction. Ryan Goodman…
The Limits of the Logic that the Power to Kill includes the Power to Detain
I will soon have a longer post on the UK High Court judgment in Mohammed v. Ministry of Defense, but here I want to consider a specific argument that implicates the authority of…
Serdar Mohammed: A View onto U.S. Detentions
[Editor’s Note: This post is part of a“mini forum” hosted by Just Security that analyzes different elements of the judgment in Serdar Mohammed v. Secretary of State for…
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…
Letter to the Editor from Gabor Rona, Mohammed v. Ministry Defense and the ICRC’s Position
I don’t know if the ICRC will make any attempt to clarify its position, but I think the Court in Serdar Mohammed is wrong to suggest that the ICRC believes there is inherent…
Interrogation-Based Detentions and the Law of Armed Conflict: What Mohammed v. Ministry of Defense Didn’t Have to Say
I am working on a post that dives into the core issue in Mohammed v. Ministry of Defense (MOD)—whether the law of armed conflict (LOAC) permits security-based detentions in non-international…