Geneva Conventions
158 Articles
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…
A Quick and Dirty Summary of–and Reaction to–the Al-Bahlul Decision [UPDATED]
What follows is a very quick-and-dirty summary of this morning’s ruling by the en banc D.C. Circuit in Al-Bahlul v. United States. There are five opinions, but a couple…
Force Feeding at Guantanamo and Judge Gladys Kessler
In his commencement address at West Point on May 28, President Obama said, “What makes [America] exceptional is not our ability to flout international norms and the rule of law,…
United States War Crimes Statute & Sri Lanka
Ryan Goodman’s post on Sri Lanka calls for the prosecution under U.S. law of Gotabaya Rajapaksa. In prior posts, we’ve discussed the way in which international crimes (including…
Where is al-Bahlul??
I’d previously only been tweeting about this, but it seems worth a proper post to flag the remarkable fact that it’s now been well over seven months (!) since the…
Palestine, the Vatican and Accession to International Treaties: Some Ancillary Thoughts
The application to accede to multiple international treaties and international organizations made by President Mahmoud Abbas on April 1st (see full list) has proceeded with…
States, Almost States, Non-State Actors and the Geneva Conventions: Palestinian President Abbas’s attempt to join the Club
[Editor’s Note: Be sure to see the letter to the editor from a former Deputy Legal Adviser to Israel’s Permanent Mission to the United Nations responding to this…
The Continuing Importance of a Low Threshold for LOAC Application in International Armed Conflict
Reports yesterday from Ukraine include the news that at least one Ukrainian soldier at a military base in Crimea has been killed, most likely by Russian soldiers. Furthermore,…
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,…