Detention
592 Articles
Skeptical of Guantánamo Diary? Question the US Government Instead
It is sort of a cardinal rule for writers not to respond to negative reviews, and I can easily imagine that Mohamedou Ould Slahi would let the new review of his Guantánamo Diary…
US Government Petitions for Rehearing En Banc (Again) in Al Bahlul
The petition is available here. This is not a terribly surprising development. But as I wrote after the panel decision, it’s also not likely to succeed, given the composition…
Are Cross-Border Shootings Heading to the Supreme Court?
Two weeks ago, I wrote about an important new decision by the US District Court for the District of Arizona, holding that the Fourth Amendment does apply to the cross-border shooting…
The APA Scandal
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Cross-Border Shootings as a Test Case for the Extraterritorial Fourth Amendment
Ever since the Supreme Court’s 2008 decision in Boumediene v. Bush, courts and commentators alike have wondered about the relationship between the functional approach…
The US Must Ensure Umm Sayyaf Is Not Subjected to Human Rights Abuses
Umm Sayyaf, the wife of a suspected high-ranking ISIL member, is back in the news at The Daily Beast. US special operations forces captured Sayyaf in Syria in May and brought her…
Delay and Detention at Obama’s Guantánamo: The Missing PRBs
As Steve Vladeck noted last week, lawyers for Guantánamo detainee Mohamedou Ould Slahi filed a motion in his habeas corpus case demanding that the Obama administration…
Abu Ghraib and the Perversion of the Political Question Doctrine
I’ve written extensively about the important and complex legal questions raised by state-law tort suits against private military contractors, many of which have arisen in…
Why al Bahlul is Rightly Decided
Over at Lawfare, I have a pair of longer posts following up on Friday’s quick-and-dirty summary of the D.C. Circuit’s ruling in al Bahlul v. United States, in which…
What Rights Does International Law Afford Umm Sayyaf?
The legal machinations within the US government must have been considerable last month after an American special operations raid in Syria captured Umm Sayyaf, the wife of suspected…
What al Bahlul Says, and What It Means
It’s going to take some time to fully work through the lengthy opinions handed down by the D.C. Circuit this morning in al Bahlul v. United States. But at the risk of…
al-Bahlul decided: Court invalidates military commission conviction for domestic-law offense
The U.S. Court of Appeals for the District of Columbia Circuit by a 2-1 vote (Rogers and Tatel, Henderson dissenting) has overturned the conspiracy conviction on Article III grounds.…