Guantanamo
366 Articles
Has the Government Conceded that Courts Can Review Detainees’ End-of-War Claims?
The first article I published after law school was a little piece in the January 2006 issue of the Journal of National Security Law & Policy, focusing on the then-hypothetical…
Just Security’s Guide to the 2016 Presidential Candidates and National Security
The 2016 presidential election is more than 18 months away, but the races are already heating up with Ted Cruz, Marco Rubio, Rand Paul, and Hillary Clinton in the running so far.…
The al Bahlul Oral Argument Semianniversary
Today, April 22, marks the six-month anniversary of the oral argument before the D.C. Circuit in al Bahlul v. United States, by far the most significant constitutional challenge…
Rethinking How We Wage the Forever War
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
The Complexity of Addressing Sexual Violence Experienced by Guantanamo Bay Detainees
The Senate Torture Report enabled deeper understanding of the depth and range of violence experienced at CIA black sites by male detainees who later ended up at Guantanamo Bay,…
More on Flawed Research and Flawed Counterterrorism Policies
I want to concur with the thoughtful views articulated by Michael German last week addressing terrorism and counterterrorism research. Having spent twenty years working and researching…
When Does Int’l Humanitarian Law Call for Releasing Prisoners in Armed Conflicts
On March 30, lawyers representing five Afghan detainees at Guantanamo Bay asked President Obama and four senior administration officials to release their clients on the grounds…
Perfidy, ambush, snipers, and the COLE bombing (al Nashiri) case
Thanks to Rogier Bartels and Kevin Heller for their fascinating debate here and at Opinio Juris on whether the alleged Israeli/U.S. car-bomb operation operation that killed Hezbollah’s…
Video: UN Expert Pablo de Greiff on Holding US Officials Responsible for Torture
Last week, I had the chance to ask Pablo de Greiff, the UN Special Rapporteur on the Promotion of Truth, Justice, Reparation, and Guarantees of Non-Recurrence, about accountability…
End of War = End of Detention? Taliban detainee files renewed habeas petition
At year’s end, I examined here the possible legal significance of the President’s declaration on December 28 that “our combat mission in Afghanistan is ending,…
Another Successful Terrorism Trial Inside the US
Khaled Abdul Rahman Hamad al-Fawwaz was stoic as his fate was announced, staring straight ahead, unflinching, his face blank, wearing the same white Islamic kufi on his head and…
Judge Pohl’s rebuke of DOD’s unorthodox effort to accelerate the 9/11 trial
[UPDATED at 6:00 p.m. with links to, and some discussion of, DoD rationales and the regulatory amendment itself.] Things have been moving very slowly, to say the least, in the…