Guantanamo
363 Articles
United States Report to the UN Human Rights Committee: Lex Specialis and Extraterritoriality
The United States was poised to present its views tomorrow to the Human Rights Committee, which monitors state parties’ compliance with the International Covenant on Civil…
The Al-Libi Case Is a Step Forward, Even if Not (Yet) A Paradigm Shift
Jack Goldsmith on the Lawfare blog has an interesting response to Mary DeRosa and Marty Lederman’s take on the implications of the al-Libi and Ikrima operations. I agree…
The Libya Raid to Capture Abu Anas al-Liby and The Persistence of Memory of Due Process
Now that Abu Anas al-Liby has been brought to the U.S. and may be appearing in court as you read this to face criminal charges, it might be tempting to say that all concerns…
Al-Libi: Nine (or Fewer) Days of AUMF Detention
So reports the Associated Press: “U.S. officials say a Libyan terrorist suspect who was held aboard a U.S. warship is now in the United States.” That would mean that…
The Case of Abu Anas al-Libi: The Domestic Law Issues
It is now well-known that Abu Anas al-Libi was seized in front of his home in Tripoli on Saturday, October 5 and transported to a U.S. ship in the Mediterranean, where he is reportedly…
The Case of Abu Anas al-Libi: International Law Q & A
On Saturday, October 5, 2013, the US captured terrorist suspect Nazih Abdul-Hamed al-Ruqai (Abu Anas al-Libi) in Tripoli, Libya, and, reportedly, is now interrogating him on a…
Al-Liby: “Rendition to Justice” under Human Rights and Humanitarian Law
The U.S. government is reportedly holding Abu Anas al-Liby (Nazih Abdul-Hamed al-Ruqai) on a Navy ship following a military-led apprehension in Tripoli on October 5. The capture…
Al-Liby: Male Captus, Bene Detentus?
Further to Marty’s post today on the question of Libya’s consent vel non to the recent al-Liby operation, we should also call attention to a long-withheld OLC opinion (13 U.S.…
The Capture of Abu Anas al-Liby and the Attack on an al-Shabaab Leader [UPDATED as of Monday morning]
A couple of notes to follow up on Steve’s post [with UPDATES through Monday morning]: Abu Anas al-Liby is alleged to have been a leader in the al Qaeda conspiracy to bomb…
The Shutdown and the Guantánamo Transfer Restrictions
Although folks disagree over how big an obstacle it really is, one of the bigger political (if not legal) obstacles to transferring detainees out of Guantánamo (to other countries)…
Al Bahlul Argument Post-Mortem
If one thing was clear from this morning’s oral argument before the en banc D.C. Circuit in al-Bahlul v. United States, it was the consistent skepticism from at least five…
The Other, Lurking Constitutional Question in al-Bahlul
I would add only one thing to Jen’s thorough summary of the al-Bahlul argument next Monday, about something she references at the very end of her post: Besides ex post…