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Just Security

Letter to the Editor from Gabor Rona, On Justice Breyer’s Concurrence in Hussain

If Justice Breyer’s statement is a sign that the Supreme Court may now be willing to wrest its “war on terror” role back from the DC Circuit, it may be due…
Just Security

Justice Breyer’s Concurrence in Hussain

As Marty predicted back in March, the Supreme Court’s denial of certiorari this morning in the latest Guantánamo case to reach the Court–Hussain v. Obama–came…
Just Security

In al Nashiri, Judge Pohl orders disclosure of details of CIA’s “black sites” to the defense

To say it has been an eventful week for the military commissions in Guantanamo might be an understatement.  As Ruchi has covered each morning this week in the Early Edition, the…
Just Security

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…
Just Security

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…
Just Security

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…
Just Security

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…
Just Security

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…
Just Security

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…
Just Security

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…
Just Security

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…
Just Security

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…
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