Detention
592 Articles

UN Human Rights Committee’s Report on US Compliance with the ICCPR: National Security Highlights
The United Nations Human Rights Committee has issued its Concluding Observations (full text) assessing US compliance with the International Covenant on Civil and Political Rights…

The Abu Ghaith Trial: How U.S. terrorism prosecutions are supposed to happen
Today’s conviction on all counts in the trial of Osama bin Laden’s son-in-law is the best response yet to critics like Senators Mitch McConnell and Lindsey Graham who claim…

Jury Reaches a Verdict in Abu Ghaith Trial
Breaking news this morning is that the jury has reached a verdict in the criminal trail of Sulaiman Abu Ghaith, convicting Osama bin Laden’s son-in-law and trusted advisor…

Conspiracy – A Quick Historical Survey
As the trial of Mr. Sulaiman Abu Gaith, the son-in-law of Osama bin Laden continues in New York in the United States District Court, we take this opportunity to provide a brief…

Crime, Sentencing and the War on Terror: Further Thoughts on the Al Darbi Plea
Last month, Ahmed Muhammed Haza al Darbi became the sixth Guantanamo detainee to plead guilty to war crimes before a military commission. The U.S. has accused al Darbi of various…

It’s a Serious Mistake for the US Government To Maintain It Need Not Follow Human Rights Law Beyond US Borders
[Editor’s Note: Just Security is holding a “mini forum” on the extraterritorial application of human rights treaties in light of the release of two State Department memos and…

Italian Court of Cassation Reverses Convictions of Italian Intelligence Agents Involved in Bush-Era Extraordinary Rendition
Reuters and AP have reported that Italy’s highest court in criminal matters, the Court of Cassation, reversed the convictions on Monday of five Italian military intelligence…

Lithuanian Prosecutors Open Probe into CIA Black Site
The Lithuanian Prosecutor General’s Office has opened a pre-trial investigation into allegations that a Saudi Guantánamo detainee, Mustafa al-Hawsawi was held at a secret CIA…

Miranda: Blame Parliament Before Blaming the Courts
In August 2013, David Miranda, partner of journalist Glenn Greenwald, was transiting through Heathrow, on his way from Germany to Brazil when he was detained and searched under…

More Executive-Minded than the Executive
The English judiciary continues to show its habit of subservience to the government on security matters. In August 2013, David Miranda, who was carrying a hard disk with files…

The al Iraqi Case and the Future of Military Commissions
This morning’s New York Times features a story by Charlie Savage about yesterday’s addition of a conspiracy charge to the pending military commission proceeding at…

Do “Extrajudicial Releases” of Afghan Detainees Violate International Law?: The Missing Legal Arguments
Today’s release of detainees by Afghan authorities, from the Parwan detention facility near Bagram airfield, has met with strong responses by the US embassy in Kabul (here) and…