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Al-Qaeda, the Law on Associated Forces and “Belonging to” a Party (did the new UN drones reports get it right?)

[Editor’s note: Kevin Jon Heller responds to Ryan in a Guest Post, and Ryan replies in a subsequent post. A Guest Post by UN Special Rapporteur Christof Heyns also addresses…
Just Security

United States Report to the UN Human Rights Committee: Lex Specialis and Extraterritoriality

The United States was poised to present its views tomorrow to the Human Rights Committee, which monitors state parties’ compliance with the International Covenant on Civil…
Just Security

The Al-Libi Case Is a Step Forward, Even if Not (Yet) A Paradigm Shift

Jack Goldsmith on the Lawfare blog has an interesting response to Mary DeRosa and Marty Lederman’s take on the implications of the al-Libi and Ikrima operations.  I agree…
Just Security

The Libya Raid to Capture Abu Anas al-Liby and The Persistence of Memory of Due Process

Now that Abu Anas al-Liby has been brought to the U.S. and  may be appearing in court as you read this to face criminal charges, it might be tempting to say that all concerns…
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Al-Libi: Nine (or Fewer) Days of AUMF Detention

So reports the Associated Press: “U.S. officials say a Libyan terrorist suspect who was held aboard a U.S. warship is now in the United States.” That would mean that…
Just Security

The Case of Abu Anas al-Libi: The Domestic Law Issues

It is now well-known that Abu Anas al-Libi was seized in front of his home in Tripoli on Saturday, October 5 and transported to a U.S. ship in the Mediterranean, where he is reportedly…
Just Security

The Case of Abu Anas al-Libi: International Law Q & A

On Saturday, October 5, 2013, the US captured terrorist suspect Nazih Abdul-Hamed al-Ruqai (Abu Anas al-Libi) in Tripoli, Libya, and, reportedly, is now interrogating him on a…
Just Security

Al-Liby: “Rendition to Justice” under Human Rights and Humanitarian Law

The U.S. government is reportedly holding Abu Anas al-Liby (Nazih Abdul-Hamed al-Ruqai) on a Navy ship following a military-led apprehension in Tripoli on October 5. The capture…
Just Security

Al-Liby: Male Captus, Bene Detentus?

Further to Marty’s post today on the question of Libya’s consent vel non to the recent al-Liby operation, we should also call attention to a long-withheld OLC opinion (13 U.S.…
Just Security

The Capture of Abu Anas al-Liby and the Attack on an al-Shabaab Leader [UPDATED as of Monday morning]

A couple of notes to follow up on Steve’s post [with UPDATES through Monday morning]: Abu Anas al-Liby is alleged to have been a leader in the al Qaeda conspiracy to bomb…
Just Security

The Shutdown and the Guantánamo Transfer Restrictions

Although folks disagree over how big an obstacle it really is, one of the bigger political (if not legal) obstacles to transferring detainees out of Guantánamo (to other countries)…
Just Security

Al Bahlul Argument Post-Mortem

If one thing was clear from this morning’s oral argument before the en banc D.C. Circuit in al-Bahlul v. United States, it was the consistent skepticism from at least five…
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