Detention
593 Articles
COVID-19 and International Law Series: International Humanitarian Law – Treatment of Detainees
Prisoners are among the most vulnerable to COVID-19 – especially in a war zone. What obligations do combatants have to prisoners of war and other detainees during a pandemic?…
Geneva Convention III Commentary: Unpacking the Potential of “Ensure Respect” in Common Article 1
[Just Security is publishing a series on the ICRC’s updated Commentaries to the Third Geneva Convention on Prisoners of War (2020). This GCIII Commentary series is published…
Geneva Convention III Commentary: Implementing POW Convention in Multinational Operations
[Just Security is publishing a series on the ICRC’s updated Commentaries to the Third Geneva Convention on Prisoners of War (2020). This GCIII Commentary series is published…
Geneva Convention III Commentary: What Significance for Women’s Rights?
Analysis of the ICRC's updated Commentaries to the Geneva Convention for Prisoners of War (POWs).
The President and Immigration Law Series: The Urgent Need to Shrink Immigration Detention
Next in our series on The President and Immigration Law, Margo Schlanger argues that the current immigration detention regime – a co-production of Congress and the executive…
Prosecuting the ISIS “Beatles:” A testament to dedicated US government professionalism
On the eight-year history that led to this point.
How to Answer Iraq’s Failure to Put a Stop to Torture
Parliament should ratify the Optional Protocol to the Convention Against Torture. Short of that, Prime Minister al-Kadhimi can take action.
Toward a New Approach to National and Human Security: Close Guantanamo and End Indefinite Detention
Closing Guantanamo responsibly is not an intractable problem, the checkered history of prior efforts notwithstanding. It can be done, and in relatively short order, if decision-making…
Toward a New Approach to National and Human Security: Introduction
One year from today marks the 20th anniversary of 9/11. A president addressing the nation on such a solemn occasion should be able to tell the American people not only that there…
The D.C. Circuit, Conspiracy, and the Guantanamo Military Commissions: Third Time’s the Charm?
Eleven years since Congress authorized the third generation of post-9/11 Guantanamo military commissions, the substantive law governing them remains in doubt. The case of Bahlul…
Hardwired Against Change: Race, Incarceration, and COVID-19
"Given the unique risks of exposure, infection, and death in prisons, jails and detention centers, challenging carceral secrecy is even more important than ever in the midst of…
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…