courts
798 Articles
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…
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…