Geneva Conventions
154 Articles
Armed Opposition Groups’ Courts: Challenging the Lawfulness of Detentions in Light of the Serdar Mohammed Appeals Judgment
Much has already been written on the authority to detain in non-international armed conflicts (NIACs) (see here, here, and here for recent posts). So much so, in fact, that it…
The Government’s Overstated Rehearing Petition in al Bahlul
I wasn’t originally planning to blog about the petition for rehearing en banc filed by the government on Monday in al Bahlul v. United States, challenging the three-judge…
The US Must Ensure Umm Sayyaf Is Not Subjected to Human Rights Abuses
Umm Sayyaf, the wife of a suspected high-ranking ISIL member, is back in the news at The Daily Beast. US special operations forces captured Sayyaf in Syria in May and brought her…
The Defense Department Stands Alone on Target Selection
A deeply troubling provision in the Defense Department’s new Law of War Manual suggests that commanders are not legally required to minimize civilian casualties when selecting…
Casualties and Polls: Some Observations
In a recent post provocatively entitled “New Poll: American Support for Drone Strikes Plummets When Innocent US Civilians Killed,” Just Security’s editor Ryan Goodman energetically…
The Government (Sort of) Wins a Guantánamo Military Commission Appeal
No, not that one. In a two-page order issued this morning, the D.C. Circuit (Tatel, Griffith, & Silberman, JJ.) dismissed the appeal of former Guantánamo detainee Ibrahim…
General Martins on the Shrinking Military Commissions
Marty’s important post from last night includes a link to yesterday’s statement by General Mark Martins, Chief Prosecutor of the Guantánamo military commissions, in…
The Shrinking Military Commissions
Yesterday’s news that the Convening Authority for the Guantánamo military commissions has “disapproved the findings and sentence,” and dismissed the charges…
Military Commissions After Guantánamo
This Wednesday morning at 9:30 (EDT), a three-judge panel of the D.C. Circuit (Henderson, Rogers, & Tatel, JJ.) will hear oral argument in al Bahlul v. United States–a Guantánamo…
The Weapons Piece of the Proportionality Analysis in Gaza
Significant commentary (here and here) continues to be generated about proportionality and the legality of the use of force, including addressing the jus ad bellum (justification…
Medical Repatriation of Aging Guantanamo Detainees: The case of Al-Adahi
Mohammed Al-Adahi, a Yemeni national who has been detained at Guantanamo for more than 12 years and was approved for conditional release in 2010, has been described by his lawyers…
What’s Left of Hamdan II? Quite a Lot, Actually…
Although it’s a bit further into the weeds than the issues Marty and I flagged in yesterday’s lengthy analysis of the en banc D.C. Circuit’s decision in al…