Detention
592 Articles

Letter from Human Rights and Civil Liberties Groups Supporting Gitmo Provisions of NDAA
On Friday, a large group of human rights and civil liberties groups sent a joint letter to Members of the Senate in support of the provisions of the NDAA on Guantanamo Bay detainee…

Preventive Detention and Human Rights Law: A Way Out of Bagram or Another Dead End?
With the drawdown of US forces in Afghanistan, one of the thorniest problems involves the detention of individuals who cannot be criminally tried but nevertheless pose an acute…

Afghanistan Post-2014: Closing Bagram
With the U.S. combat role in Afghanistan coming to an end, and the Bilateral Security Agreement now under review, officials are under pressure to do something many observers may…

Should ICRC Reports on Detainee Visits be Turned Over to Military Commission Defense Counsel?
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 that are in the possession…

The Coming Hicks and Khadr Appeals: Yet Another Military Commission Headache
As various media outlets reported earlier this week, Australian David Hicks–one of the first detainees charged and convicted (via plea) under the Military Commissions Act…

The NDAA: Congress’ Opportunity to Take First Steps Towards Closing Gitmo
The withdrawal of U.S. troops from Afghanistan next year will mark a milestone on the path to ending the so-called “war on terror.” But as a practical matter, what will…

African Commission Emerges as New Forum in Quest for Justice for Rendition Victims
[This post is authored by Roxanne Moore (NYU LLM ’14), Daniella Raveh (NYU JD ’15), Meg Satterthwaite, Amanda Bass (NYU JD ’15), in Banjul, Gambia] Today, we appeared alongside…

Future of Gitmo to Take Center Stage Later This Month
With much attention in recent weeks focused on the NSA collection activities or the U.S. drone program, it can be easy to allow other important national security issues to become…

“Ending the Forever War”: A Progress Report
This past May, President Obama gave an historic speech at the National Defense University framing his counterterrorism strategy. In that speech, he committed himself to a concept…

Ghailani: Constitutional “Cross-Ruffing,” and Why I Worry…
I’ve now had a chance to read yesterday’s Second Circuit decision in Ghailani, affirming the conviction of the one terrorism suspect transferred from Guantánamo to…

Second Circuit Affirms Ghailani’s Conviction and Sentence
This morning’s Second Circuit decision unanimously affirming the conviction and sentence of Ahmed Khalfan Ghailani is not surprising, but it may well be significant, especially…

The Problematic “Belonging To” Analogy: A Response to Goodman
[Editor’s note: Ryan Goodman replies to Professor Heller in a subsequent post.] In a recent post here at Just Security, Ryan Goodman offered a novel – and characteristically…