Guantanamo
363 Articles
Military Courts and Article III
For some time, I’ve been working on the larger implications of the jurisprudence arising from the Guantánamo military commissions and the Court of Appeals for the Armed…
GTMO Case to Watch in the Supreme Court [UPDATED]
The Supreme Court has relisted for conference three times a pending Guantánamo habeas petition, Hussain v. Obama, No. 13-638. The Court will consider the case for the fourth…
UN Human Rights Committee’s Report on US Compliance with the ICCPR: National Security Highlights
The United Nations Human Rights Committee has issued its Concluding Observations (full text) assessing US compliance with the International Covenant on Civil and Political Rights…
The Abu Ghaith Trial: How U.S. terrorism prosecutions are supposed to happen
Today’s conviction on all counts in the trial of Osama bin Laden’s son-in-law is the best response yet to critics like Senators Mitch McConnell and Lindsey Graham who claim…
Jury Reaches a Verdict in Abu Ghaith Trial
Breaking news this morning is that the jury has reached a verdict in the criminal trail of Sulaiman Abu Ghaith, convicting Osama bin Laden’s son-in-law and trusted advisor…
Conspiracy – A Quick Historical Survey
As the trial of Mr. Sulaiman Abu Gaith, the son-in-law of Osama bin Laden continues in New York in the United States District Court, we take this opportunity to provide a brief…
Crime, Sentencing and the War on Terror: Further Thoughts on the Al Darbi Plea
Last month, Ahmed Muhammed Haza al Darbi became the sixth Guantanamo detainee to plead guilty to war crimes before a military commission. The U.S. has accused al Darbi of various…
It’s a Serious Mistake for the US Government To Maintain It Need Not Follow Human Rights Law Beyond US Borders
[Editor’s Note: Just Security is holding a “mini forum” on the extraterritorial application of human rights treaties in light of the release of two State Department memos and…
Al Darbi Pleads Guilty but Questions Remain [UPDATED re AE168]
In news today from the military commissions in Guantanamo Bay, Ahmed Mohammed Ahmed Haza al Darbi pled guilty to charges brought against him—charges which arose from his role…
The al Iraqi Case and the Future of Military Commissions
This morning’s New York Times features a story by Charlie Savage about yesterday’s addition of a conspiracy charge to the pending military commission proceeding at…
The True Significance of Judge Tatel’s Opinion in the Force-Feeding Appeal
As Wells already flagged over at Lawfare, the D.C. Circuit decided Aamer v. Obama this morning — the effort by some of the Guantánamo detainees to challenge the force-feeding…
An al Qaeda Armed Conflict with France or Malaysia?: The Legal Question at the Heart of the al Darbi Case
Yesterday the Acting Convening Authority of the GTMO Military Commissions, Navy General Counsel Paul Oostburg Sanz, referred charges against Ahmed Mohammed Ahmed Haza al Darbi,…