courts
798 Articles
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”…
Judge Pohl’s order requiring disclosure of details of CIA’s “black sites” now unclassified
As I mentioned last week, in the al Nashiri military commission case, Judge Pohl has issued an order requiring that the prosecution turn over to the defense team the details —…
Consequences of the Fact-Based Armed Conflict Test in Yemen’s Internal Armed Conflict
Ryan’s recent post about ongoing “drone strikes” in Yemen raises an issue that has troubled me for quite some time from a legal, policy, and advocacy perspective. In the…
In al Nashiri, Judge Pohl orders disclosure of details of CIA’s “black sites” to the defense
To say it has been an eventful week for the military commissions in Guantanamo might be an understatement. As Ruchi has covered each morning this week in the Early Edition, the…
United States v. Glenn Greenwald?
Apparently, Glenn Greenwald and Laura Poitras–two of the journalists most directly involved in the dissemination of Edward Snowden’s revelations regarding various NSA…
European Court says Data Retention Directive is Invalid
Yesterday, the Grand Chamber of the Court of Justice of the European Union (CJEU) gave a compelling judgment in two joined cases: Case C-293/12 Digital Rights Ireland; Case C-594/12…
Military Courts and Article III
For some time, I’ve been working on the larger implications of the jurisprudence arising from the Guantánamo military commissions and the Court of Appeals for the Armed…
The Abu Ghaith Trial: How U.S. terrorism prosecutions are supposed to happen
Today’s conviction on all counts in the trial of Osama bin Laden’s son-in-law is the best response yet to critics like Senators Mitch McConnell and Lindsey Graham who claim…