Detention
592 Articles
A Test Case for Guantánamo’s New Convening Authority
The latest Guantánamo military commission case to make headlines—the new charges against Encep Nurjamen (a.k.a. Hambali)—is shrouded in an unusual amount of secrecy. But when…
Saif Gaddafi’s Release and the Challenge for International Criminal Justice
Six years after his capture during the Arab Spring uprising against his father Muammar Gaddafi, and despite pending charges in the International Criminal Court, Saif al Islam Gaddafi…
UAE, a Key US Partner in Yemen, Implicated in Detainee Abuse
One of Secretary of Defense Donald Rumsfeld’s regrettable statements during the Iraq war was his infamous response to an Army specialist asking about the lack of armor for military…
Closing the Loop: Sabrina De Sousa Pardoned for Role in CIA Torture and Rendition
Just a quick note to close the loop on the Sabrina De Sousa case, which I discussed in greater detail here. On the day before she was to be extradited to Italy from Portugal,…
Three Problems with President Trump’s Guantánamo Tweet
In case you missed it, this morning’s tweetstorm from the White House began with this missive: 122 vicious prisoners, released by the Obama Administration from Gitmo, have…
A Look at the Case of the ex-CIA Officer Being Extradited to Italy for Her Role in a 2003 Rendition
A Gulfstream IV business jet similar to the one suspected of transporting Abu Omar during his rendition. (Eugene Butler/Wikimedia Commons) [This post has been updated to reflect…
‘Forever War’ Symposium Offers Timely Perspective on Trump’s Policies
The Columbia Human Rights Law Review, in collaboration with the Columbia Law School Human Rights Institute, recently published a symposium edition dedicated to the relationship…
How to Unmask Trump’s Detention Plans: Ask about the Yemen Raid
On Wednesday, we received news from the New York Times of a revised draft Executive Order that would require the Secretary of Defense to “maintain and continue to use” Guantanamo…
The Trump Administration’s Draft EO on GTMO—Strategic, Legal, and Financial Implications
On Wednesday morning, the New York Times published a revised draft of a proposed Executive Order (EO) concerning the detention of enemy combatants. The draft EO reflects the…
To Detain Lawfully or Not to Detain: Reflections on UK Supreme Court Decision in Serdar Mohammed
The United Kingdom Supreme Court recently delivered a number of high profile and long-awaited decisions, Belhaj v Straw and Rahmatullah v Ministry of Defence, and the joined appeals…
UK Supreme Court allows claims to proceed against UK officials for complicity in CIA torture
Earlier this month, the UK Supreme Court unanimously ruled that claims against UK officials for complicity in torture, unlawful detention and rendition are not barred by State…
Understanding Complicity: When the US Makes a “Substantial Contribution” to War Crimes Committed by Foreign Partners
With power comes responsibility. In their new duties, Trump administration officials will need to consider the legal hazards associated with supporting foreign military partners…