courts
745 Articles
The al Iraqi Case and the Future of Military Commissions
This morning’s New York Times features a story by Charlie Savage about yesterday’s addition of a conspiracy charge to the pending military commission proceeding at…
The True Significance of Judge Tatel’s Opinion in the Force-Feeding Appeal
As Wells already flagged over at Lawfare, the D.C. Circuit decided Aamer v. Obama this morning — the effort by some of the Guantánamo detainees to challenge the force-feeding…
CJEU’s Definition of “Internal Armed Conflict:” The Diakité Case
On January 30, the Court of Justice for the European Union discussed the criteria for determining when an internal armed conflict exists, and held that it does not require the…
Another (Dubious) Guantánamo Precedent
As Wells Bennett flagged over at Lawfare, the D.C. Circuit’s latest foray into the Guantánamo detainee litigation came two weeks ago in Al-Janko v. Gates, in which a…
Considering Jones v. UK Requires Reflection Not Knee-Jerk Reactions
Jones v. United Kingdom was handed down by the European Court of Human Rights (ECtHR) on Tuesday. It has already elicited a considerable amount of adverse commentary (here and…
European Court of Human Rights to Torture Victims: Get Lost
In a disappointing decision yesterday (Jones v. United Kingdom), the European Court of Human Rights upheld the immunity of states and state officials from civil suits for torture…
European Court of Human Rights: Foreign State Officials are Immune from Civil Suit for Torture (Jones v. United Kingdom)
The European Court of Human Rights has issued its long-awaited judgment in Jones v. United Kingdom. The case involves four British nationals who sued Saudi Arabia and Saudi officials…
Responding to John Dehn’s Letter to the Editor on the 9/11 Military Commissions
I agree with John Dehn that the military justice system is far more fair, orderly and efficient than the military commission system. My argument for why civilian federal courts…
Two Quick Reflections on Why al Maqaleh III Matters
Over at Lawfare, Raffaela Wakeman already flagged today’s (unsurprising) D.C. Circuit decision in al Maqaleh v. Hagel, once again dismissing for lack of jurisdiction appeals…
Belhaj v. Straw: UK complicity in US rendition and torture
This morning the United Kingdom’s High Court issued its judgment in a case brought by Abdel-Hakim Belhaj and his wife Fatima Boudchar against the UK’s government and intelligence…
9/11 Case Stalls as Prosecution Moves to Have Detainee’s Competency to Stand Trial Examined [UPDATED]
In quite an unexpected turn of events in the 9/11 case pre-trial motions hearing, this morning’s session came to a screeching stop almost as soon as it started. As I mentioned…
Updates from Today’s 9/11 Case Hearings Before the Military Commission
Today was the second public session of this week’s pre-trial motion hearings in the 9/11 case before the military commission in Guantanamo Bay. As I am sure many readers…