Detention
592 Articles

A Briefing on European Developments in Accounting for and Advancing Counterterrorism Actions
Fallout from European action during the “War on Terror” is ongoing in national and regional courts. The European Court of Human Rights has taken up a number of cases…

UK High Court Hears Case of Pakistani Held for a Decade Without Charges by UK and US
On Sept. 23, the United Kingdom High Court began its three-day hearing of a case involving the alleged kidnapping, torture, detention, and subsequent rendition of Pakistani citizen…

Kerry Tells North Korea to Shut Down Its Prison Camp System
In one of the highest profile responses to this past February’s report by the U.N. Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea, United…

Now is the Time to Think About Detentions with ISIL: A Response to Benjamin Wittes
Over at Lawfare, Ben Wittes shrugs off Jeff Stein’s important question,“What Will U.S. Forces Do With ISIS Prisoners?” Ben’s reaction, I believe, minimizes several important…

Abu Ghaith Sentence Confirms We Don’t Need Guantanamo
On Tuesday morning, Osama bin Laden’s son-in-law, Suleiman Abu Ghaith, was sentenced to life in a U.S. federal prison. The former al Qaeda spokesman was arrested in Jordan by…

The DoD detainee directive and its definition of “unprivileged belligerency”
I appreciate both Professor Lederman’s (1 and 2) and Mr. Rona’s (1 and 2) thoughtful comments regarding the re-issued DoD Directive on detention (DoDD 2310.01E), and particularly…

Guest Post: A Reply to Ryan Vogel and Marty Lederman on DoD Directive 2310.01E [Updated]
Time and again since 9/11 we’ve seen laws, regulations and government officials say one thing, but when awkward facts come to light, we find out that they meant something…

A Response on Department of Defense Directive 2310.01E (Detainee Program)
Over the past couple weeks, Steve Vladeck, Gabor Rona, and Marty Lederman have posted comments and raised some questions about the new Department of Defense (DoD) detainee directive…

What’s the matter with the revised DoD Directive 2310.01E?
Both Steve and Gabor Rona have posted here in recent days with concerns about the newly promulgated Department of Defense Directive 2310.01E, on the “DoD Detainee Program.”…

The Bells of September
This September 11th, I traveled with my little boy down the tree-lined beauty of Savannah to Reynolds Square where, amidst the draped Spanish Moss, historic Christ Church rang…

Guest Post: DoD Directive 2310.01E
As Steve Vladeck noted yesterday, the Department of Defense is out with a new version of its Directive 2310.01E on detainee operations. Steve asks the big question: why now?…

The Very Strange New DoD Detainee Directive
On August 19, the Department of Defense apparently issued a new version of “Directive 2310.01E,” which, if you haven’t been scoring at home, is one of the central…