Detention
592 Articles
The True Significance of Judge Tatel’s Opinion in the Force-Feeding Appeal
As Wells already flagged over at Lawfare, the D.C. Circuit decided Aamer v. Obama this morning — the effort by some of the Guantánamo detainees to challenge the force-feeding…
An al Qaeda Armed Conflict with France or Malaysia?: The Legal Question at the Heart of the al Darbi Case
Yesterday the Acting Convening Authority of the GTMO Military Commissions, Navy General Counsel Paul Oostburg Sanz, referred charges against Ahmed Mohammed Ahmed Haza al Darbi,…
A Reply to Gabor Rona on “Extrajudicial Release” in Afghanistan
In his post “Extrajudicial Release: A New Rule-of-Law Problem?” Gabor Rona rightly criticizes U.S. officials’ use of the term “extrajudicial release.” It is a troubling…
Another (Dubious) Guantánamo Precedent
As Wells Bennett flagged over at Lawfare, the D.C. Circuit’s latest foray into the Guantánamo detainee litigation came two weeks ago in Al-Janko v. Gates, in which a…
Extrajudicial Release: A New Rule-of-Law Problem?
Monday’s Wall Street Journal reported on the release, this past Sunday night, of a statement by U.S. Forces-Afghanistan, lamenting the decision of an Afghan-led review board…
First “Public” PRB Hearing Raises More Questions Than it Answers
As expected, today’s Periodic Review Board hearing, the first so-called “public” one of these events, was completely uneventful. In the case of Abdel Malik Ahmed Abdel…
Quasi-public Guantanamo Detainee Hearings Start Tomorrow
On Tuesday morning, select members of the media and human rights groups will, for the first time, be allowed to observe a portion of a Periodic Review Board hearing for a detainee…
A $15 Million Dollar Torture Partnership
It has been common knowledge for a while that Poland hosted a secret CIA prison where Abd al Rahim al Nashiri and other prisoners now held in Guantánamo were detained and tortured. …
An Inauspicious Anniversary: It’s Time to Release the Report of the Special Interagency Task Force on Interrogations and Transfer Policies
Yesterday was the five-year anniversary of President Obama’s Executive Order 13491 on ensuring lawful interrogations. The Order, one of the first acts of the Obama administration,…
Understanding What it Means to be “Approved for Transfer”: A Response to Lawrence Rosenthal
Lawrence Rosenthal argues below that the Executive lacks any AUMF authority to continue to detain GTMO detainees who have either been approved for transfer by the GTMO Review Task…
The Constitutional Case for Judicial Authority To Order the Transfer and Release of Guantánamo Detainees Cleared for Release
In the statement that he issued as he signed the 2014 National Defense Authorization Act (NDAA), President Obama, addressing the Act’s continuing restrictions on the transfer…
Osama bin Laden’s Son-in-Law to Face Trial in NY Within a Year of His Arrest
Judge Lewis Kaplan in the Southern District of New York has been keeping busy. In just the last week, Judge Kaplan issued three decisions in the case of Osama bin Laden’s…