Detention
592 Articles
What’s Wrong with a Categorical Ban on Transfers from GITMO to Yemen
As Marty notes, the Senate Armed Services Committee recently approved its version of the National Defense Authorization Act for 2015. (This will now go to the full Senate…
The Administration’s explanation for why it was lawful not to wait 30 days to complete the Bergdahl exchange
National Security Council Caitlin Hayden just issued this statement concerning “why it was lawful for the Administration to proceed with the [Bergdahl] transfer notwithstanding…
The Bergdahl Exchange [Fifth UPDATE (with clarification)]
This is truly wonderful news. The five Taliban detainees transferred to Qatar apparently are: Abdul Haq Wasiq (ISN 004) Mullah Norullah Noori (ISN 006) Mullah Mohammad Fazl (ISN…
Letter to the Editor Responding to Steve Vladeck on Gitmo Force Feeding
I enjoyed Steve’s post, although I think the “nobody cares anymore” premise is largely correct, if by “nobody,” we mean the public. Perversely, this is a function of…
What You Should Know–and Why You Should Care–About the Latest Guantánamo Litigation
It’s been well over three years since Linda Greenhouse, writing for the New York Times, attributed the Supreme Court’s refusal to take any new cases from Guantánamo…
Force Feeding at Guantanamo and Judge Gladys Kessler
In his commencement address at West Point on May 28, President Obama said, “What makes [America] exceptional is not our ability to flout international norms and the rule of law,…
al Bihani is third successful GTMO detainee before PRB; SecDef considering transfer of six others to Uruguay
Two weeks ago, the GTMO Periodic Review Board determined that continued law-of-war detention of Ghaleb Nassar al Bihani “is no longer necessary to protect against a continuing…
UN Torture Committee seeks further answers from Lithuania on involvement in CIA detention and rendition
Last week, the UN Committee against Torture adopted its Concluding Observations [full text] on Lithuania’s third periodic report on its compliance with the Convention against…
NDAA Followup: Outcome on Amendments a Mixed Bag
Here’s a quick follow-up on what happened to the five proposed amendments to the House version of the FY2015 National Defense Authorization Act (NDAA) that I flagged yesterday.…
5 Key NDAA Amendments to Watch For
Congress is considering the National Defense Authorization Act this week, and several proposed amendments in the House to this annual authorization bill would have significant…
United States War Crimes Statute & Sri Lanka
Ryan Goodman’s post on Sri Lanka calls for the prosecution under U.S. law of Gotabaya Rajapaksa. In prior posts, we’ve discussed the way in which international crimes (including…
The Limits of the Logic that the Power to Kill includes the Power to Detain
I will soon have a longer post on the UK High Court judgment in Mohammed v. Ministry of Defense, but here I want to consider a specific argument that implicates the authority of…