Detention
592 Articles

IACHR Condemns Guantánamo Abuses in First “War on Terror” Decision
On May 27, the Inter-American Commission on Human Rights (IACHR) issued a long-awaited decision in which it held the United States internationally responsible for the torture and…

Crises of Accountability for U.S. Systemic Abuses of Power
On this International Day in Support of Victims of Torture, the United States is at a crossroads. We will know soon if the country is capable of breaking the cycle of impunity…

Jurisdiction at Guantanamo: The Case of Long-Term Complicity
The commission should stop asking whether the acts of facilitation occurred during an armed conflict. Rather, the commission should be asking whether the defendants facilitated…

National Security at the United Nations This Week (May 8-15)
(Editor’s Note: This is the latest in Just Security’s weekly series keeping readers up to date on developments at the United Nations at the intersection of national security,…

Getting It Wrong: The 9/11 Military Commission and the Justiciability of Armed Conflict
In an apparent effort to preserve its own jurisdiction while proceeding towards trial, the 9/11 military commission has made a hash of its armed conflict jurisprudence. It has…

National Security at the United Nations This Week (May 1-8)
(Editor’s Note: This is the latest in Just Security’s weekly series keeping readers up to date on developments at the United Nations at the intersection of national security,…

Coronavirus Adds Urgency to Ending Egypt’s Detention and Torture of Children
The United States has long justified its support for Egyptian security services as necessary for the security and stability of Egypt and the region. Yet the means by which the…

How Much Liberty Must We Give Up? A Constitutional Analysis of the Coronavirus Lockdown Proposals
The U.S. Constitution allows the federal government to impose quarantines and lockdowns for a pandemic like novel coronavirus, but here's how the due process clause also limits…

Guantanamo’s COVID-19 Precautions Must Safeguard Detainees’ Rights
Even if the virus does not reach the detainees, some of the precautions that Guantanamo is taking could at once undermine detainees’ rights, including access to counsel, and…

Is Pompeo Unintentionally Helping Out the International Criminal Court?
While likely doing little to dissuade those at the ICC and elsewhere who are committed to seeking accountability for the United States’ previous rendition and torture program,…

The U.S.-Taliban Agreement: Not a Ceasefire, or a Peace Agreement, and Other International Law Issues
Beatrice Walton explains the continuing lack of clarity concerning the terms of the recent Afghan peace deal and its potential effects moving forward.

Int’l Criminal Court’s Afghanistan Decision Expands Prosecutor’s Power: What to Expect Next
The Appeals Chamber of the International Criminal Court (ICC) authorized a formal investigation into alleged crimes committed during the war in Afghanistan on Thursday, overturning…