Detention
592 Articles
Challenging the Guantánamo Narrative: “Too Dangerous to Transfer”
This post is the latest installment of our Monday Reflections feature in which a different Just Security editor takes an in-depth look at the big stories from the previous…
“Gag order” on Military Commission defendants substantially lifted
Very important and welcome news from Guantánamo Bay: The defendants in military commissions cases and their counsel are now free to discuss their interrogations and conditions…
A comprehensive summary of GTMO policy, practices and prospects
It’s all here in the prepared testimony of Principal Deputy Undersecretary of Defense Brian McKeon before the Senate Armed Services Committee on Thursday morning. Most…
Authorization vs. Regulation of Detention: What Serdar Mohammed v. MoD Got Right and Wrong
The UK Court of Appeal will soon hear the appeal in Serdar Mohammed v. Ministry of Defense, a highly important case in which the UK High Court held that the long-term detention…
UK Court of Appeal to assess legality of detentions in Afghanistan
Next week, the United Kingdom Court of Appeal will begin to hear arguments in the government’s appeal against the High Court ruling in Serdar Mohammed v Ministry of Defense.…
Military Commissions and Unintended Constitutional Consequences
Over at Lawfare, I have a post up this morning providing a preview of next Tuesday’s oral argument in the D.C. Circuit in In re al-Nashiri–a mandamus action challenging…
Members Only: Al Qaeda’s Charter List Revealed After 13 Years in US Hands
A fascinating bit of evidence about al Qaeda’s early days emerged yesterday during the trial of alleged al Qaeda operative Khaled al-Fawwaz – what federal prosecutors call…
What it Really Means to “Close Guantánamo”
[Editors’ Note: 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…
2 Years and 55 Prisoners To Go: It’s Time for a Lot More Guantanamo Review Boards
In 2001, Tariq Mahmoud Ahmed al Sawah, a veteran of the war in Bosnia who’d joined up with al Qaeda in Afghanistan, landed in U.S. custody. Injured by a cluster bomb in the Afghan…
How to Interpret the UN Human Rights Committee’s Comment on National Security Detentions: State Party Submissions
Last October, the United Nations Human Rights Committee adopted General Comment No. 35 (GC) which has important implications for international law regulating detentions, including…
Al-Marri’s End and the Failed Experiment of Domestic Military Detention
In the coming days, Ali al-Marri, former enemy combatant, is scheduled to be released from federal criminal custody, clearing the way for his removal by immigration officials to…
The Shrinking Military Commissions
Yesterday’s news that the Convening Authority for the Guantánamo military commissions has “disapproved the findings and sentence,” and dismissed the charges…