Detention
592 Articles
International Human Rights Law and Preventive (Security) Detention: A European Exceptionalism?
1. Ryan Goodman is right when he states, in an earlier post on Just Security, that “a significant body of international human rights law clearly permits, and regulates, preventive…
The Potential Pitfalls of Refusing to Reopen the Article III Door for Guantanamo Detainees
The version of the National Defense Authorization Act for FY 2014 (2014 NDAA) reported out by the Senate Armed Service Committee (SASC) would have eliminated the existing bar on…
Progress on the 2014 NDAA — A Guantanamo Victory
Congress has now released its compromise version of the 2014 National Defense Authorization Act reconciling the House and Senate bills into a revised version that is slated to…
Preview — Hassan v. UK
Tomorrow (December 11, 2013) the Grand Chamber of the European Court of Human Rights (the ECtHR) will hear the case of Hassan v. United Kingdom (Application No. 29750/09). The…
Associated Forces, Material Support, and the Hidden Flaws in Ali v. Obama
As Steve previously noted over at Lawfare, on Tuesday, the D.C. Circuit affirmed the denial of yet another Guantánamo habeas petition in Ali v. Obama. Specifically, the court…
Pentagon Ends Daily Hunger Strike Reports: Whither Transparency?
In warfare, many military actions must remain secret. Calls for “greater transparency” are often too simplistic and fail to properly accommodate pressing national security…
Decision Time: Key Issues in the U.S.-Afghan Bilateral Security Agreement
The U.S. and Afghanistan agreed this week on the terms for an extended U.S. military presence in Afghanistan after 2014.The Bilateral Security Agreement (BSA), which the Loya Jirga…
The D.C. Circuit and Guantánamo, Post-Filibuster Edition
I’ve written a lot (too much!) before about both the D.C. Circuit’s jurisprudence in post-Boumediene Guantánamo cases and the Supreme Court’s passivity in…
Heartening News from the Senate — Sections 1031-1033 of the SASC NDAA Survive
The Senate has rejected the Ayotte Amendment by a 55-43 vote. Senators Donnelly, Hagan and Pryor were the only Democrats in favor; Senators Flake, McCain and Paul were the Republicans…
Senate to Take Critical Vote on Guantanamo’s Fate
The Senate is poised – possibly as early as this afternoon – to take one of the most important national security votes in years. As Daphne and Thomas have noted, at issue…
ICRC’s Public Reply Regarding Order to Turn Over Confidential Reports to Military Commission
As readers may recall, on November 6, Military Commission Judge James Pohl ordered the prosecution to hand over to him all ICRC confidential reports on its visits to Guantanamo…
Periodic Review Board Hearings start up at Gitmo this week – but why in Secret?
Although the Pentagon this week will finally start holding review hearings for Guantanamo detainees who remain in indefinite detention and haven’t yet been cleared for release…