detainee

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The empty courtroom of the Commissions building where on Tuesday preliminary hearings will begin for four detainees held on the Naval Base is seen August 22, 2004 in Guantanamo, Cuba. Six flags stand at the front of the room.

Upcoming Cases Provide Opportunities to Reassess the Application of the Due Process Clause at Guantanamo

Recognizing the Due Process Clause’s application at Guantanamo will help refocus litigation on the question of whether the remaining detainees pose such a significant threat…
Renu Begum, eldest sister of Shamima Begum, 15, holds her sister's photo as she is interviewed by the media at New Scotland Yard.

In Shamima Begum Case, UK Supreme Court Dismisses Rights and Overlooks Potential Victimhood

The UK Supreme Court overlooked the critical and badly under-examined fact that Begum may be a victim of child marriage and human trafficking.
Members of a displaced family sit outside a UNHCR tent in the Kurdish-run al-Hol camp in the al-Hasakeh governorate in northeastern Syria on August 25, 2020, where families of Islamic State (IS) foreign fighters are held.

Repatriating ISIS Family Members: A North Macedonia Model?

One of the smallest members of the Global Coalition to Defeat ISIS has adopted a comprehensive plan to bring home its citizens from squalid camps in Syria.
A woman carries jerry cans to fill them up with water at the Kurdish-run al-Hol camp for the displaced where families of Islamic State (IS) foreign fighters are held, in the al-Hasakeh governorate in northeastern Syria on December 9, 2019.

Despite US Veto, Desperate ISIS Suspects and Families Remain at Risk

There is good news and bad news from the recent UN Security Council vote on a dangerously flawed draft resolution on so-called “foreign terrorist fighters."
The U.S. Supreme Court at night.

The Supreme Court’s Attack on Habeas Corpus in DHS v. Thuraissigiam

Refugees are the primary target of the Court’s decision in DHS v. Thuraissigiam, but the the opinion endangers everyone – U.S. citizens included – by reopening settled questions…

The “Beatles” on Trial: Obtaining Justice for Victims of Foreign ISIS Fighters

It is increasingly likely that two ISIS fighters, involved in the killing of several Americans, will be brought to trial in a courtroom in Virginia.
A woman wearing a niqab (full face veil) walks carrying an infant at al-Hol camp for displaced people in al-Hasakeh governorate in northeastern Syria on July 22, 2019, as people collect UN-provided humanitarian aid packages.

The Challenges of a New UN Security Council Resolution on Foreign Fighters

The United Nations Security Council is actively negotiating a new Chapter VII resolution directed at the regulation of so-called “foreign terrorist fighters” this month. The…
Renu Begum, eldest sister of Shamima Begum, 15, holds her sister's photo as she is interviewed by the media at New Scotland Yard, as the relatives of three missing schoolgirls believed to have fled to Syria to join Islamic State have pleaded for them to return home, on February 22, 2015 in London, England.

The Shamima Begum Decision: What Could It Mean for Other ISIS Women and Children Unable to Repatriate?

The attention Shamima Begum's most recent success before the Court of Appeal in the United Kingdom received might signify the small glimmer of hope the ruling appears to create…
Renu Begum, eldest sister of Shamima Begum, 15, holds her sister's photo as she is interviewed by the media at New Scotland Yard.

Judgement in the Begum Case: A Good Day for the Protection of Human Rights

The United Kingdom’s Court of Appeal issued its judgement in the Shamima Begum case on Thursday morning. Begum was deprived of her citizenship under the British Nationality Act…
A fighter with the Syrian Democratic Forces (SDF) monitors on surveillance screens, crowded prison cells filled with people accused of being affiliated with the Islamic State (IS) group, at a prison in the northeastern Syrian city of Hasakeh on October 26, 2019.

Repatriating Foreign Fighters from Syria: International Law and Political Will (Part 2)

The detention conundrum: States rely on non-state groups for counterterrorism operations, but they are simultaneously reluctant to accept the return of terrorists captured and…
A member of the Syrian Democratic Forces (SDF) looks through a door window to a crowded cell where men suspected to be affiliated with the Islamic State (IS) group are jailed in northeast Syria in the city of Hasakeh on October 26, 2019.

Repatriating Foreign Fighters from Syria: International Law and Political Will (Part 1)

Does international law require States to repatriate their foreign fighters?
A crowded prison cell is filled with men suspected of being affiliated with the Islamic State (IS) group in the northeastern Syrian city of Hasakeh on October 26, 2019. They sit and lay side by side on thin cots on the floor.

ISIS Suspect Transfers to Iraq Replete with Risks

Despite well-documented concerns, some European States appear to be negotiating the transfer of thousands of foreign ISIS suspects to Iraq.
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