courts
745 Articles
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…
More on Military Courts and Article III
A little over a month ago, I posted about my forthcoming article, “Military Courts and Article III,” a copy of which is now available via SSRN. For folks who prefer…
The D.C. District Court’s Power to Hear the New Nashiri Suit
As Wells Bennett noted on Friday over at Lawfare, attorneys for Abd al-Rahim al-Nashiri, a Guantánamo detainee facing capital charges before a military commission for his alleged…
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…
United Kingdom’s High Court: Long-term detentions in Afghanistan illegal
On Friday the United Kingdom’s High Court, in the case of Serdar Mohammed v. Ministry of Defense (full text), handed down a judgment holding that the 110-day detention of a…
Legal Action Taken to Expose Denmark’s Role in US Targeted Killing Program
As reported in today’s Just Security Roundup, news this morning out of Denmark is that the Open Society Justice Initiative (OSJI) is pursuing a potential suite of legal actions…
A more equivocal take on the constitutionality of the DNI’s Directive 119
In a post yesterday, Steve concluded that the DNI’s new Directive 119 — which, broadly speaking, prohibits employees of the Intelligence Community from unauthorized…
Intelligence Community Directive 119 and the First Amendment
As the inestimable Steve Aftergood noted last week over at Secrecy News, the Director of National Intelligence, James Clapper, has issued a new “Intelligence Community Directive”…