detainee
69 Articles

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…

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.

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.

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 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.

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…

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…

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…

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…

Repatriating Foreign Fighters from Syria: International Law and Political Will (Part 1)
Does international law require States to repatriate their foreign fighters?

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.