Detention
592 Articles
Transcript: The US Appearance Before the UN Committee on the Convention Against Torture
Below is a transcript of all national security issues discussed during the US delegation’s appearance before the UN’s Committee on the Convention Against Torture, prepared…
The Hicks Military Commission Appeal
Just over a year ago, I wrote a post about the David Hicks and Omar Khadr cases–and the very real possibility that, as a result of the D.C. Circuit’s decision in “Hamdan…
UN HRC’s General Comment on the Right to Liberty and Security: A Missed Opportunity? (Part Two)
Yesterday’s post provided a brief guide to the UN Human Rights Committee’s General Comment No. 35 (GC) on Article 9 of the International Covenant on Civil and Political…
UN HRC’s General Comment 35 on the Right To Liberty and Security: A Missed Opportunity?
On October 28, the UN Human Rights Committee adopted General Comment No. 35 (GC) on Article 9 of the International Covenant on Civil and Political Rights (ICCPR), the right to…
Due Process and Detention at Guantanamo: Closing the Constitutional Loopholes
The D.C. Circuit recently heard argument in Al Bahlul v. United States, where the defendant has made a series of constitutional challenges to the Guantanamo military commissions. …
Does International Law Matter?
Editors’ Note: The following post is the ninth installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take an in-depth look…
Gideon’s Army at Guantanamo
Despite enormous logistical and legal hurdles, defense attorneys for high value detainees at the Guantanamo Bay, Cuba, military prison, say they press on for the judgment of history,…
Military Commissions After Guantánamo
This Wednesday morning at 9:30 (EDT), a three-judge panel of the D.C. Circuit (Henderson, Rogers, & Tatel, JJ.) will hear oral argument in al Bahlul v. United States–a Guantánamo…
Reflections on Hassan v UK: A Mixed Bag on the Right to Liberty (Part 1)
A few weeks ago, the Grand Chamber of the European Court of Human Rights (GC) gave judgment in Hassan v UK . The GC found that the British government did not violate Tarek…
The jurisdictional issue delaying the al-Nashiri military commission: Saudi defendant + French ship + Malaysian shipper + Iranian oil + Bulgarian casualty = trial in a U.S. military commission?
A couple of weeks ago, the Chief Prosecutor in the Office of Military Commissions filed an appeal to the Court of Military Commission Review from an order by the trial judge dismissing…
Constitutional “Cross-Ruffing”: My New Article
About a year ago, I wrote about the Second Circuit’s decision in the Ghailani case, in which, among other things, the Court of Appeals rejected a former Guantánamo detainee’s…
Security Agreement With Afghanistan Raises Key Questions About How and When War Ends
Today, the United States and Afghanistan signed a long-awaited bilateral security agreement. The U.S. government promised to withdraw combat troops by December, and to leave nearly…