Military Commissions
151 Articles
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…
General Martins on the Shrinking Military Commissions
Marty’s important post from last night includes a link to yesterday’s statement by General Mark Martins, Chief Prosecutor of the Guantánamo military commissions, in…
Al-Nashiri can now speak about his treatment … plus news about full SSCI Report
[Editor’s note: This post was originally published at 9:00 PM E.S.T. on February 22, 2015] Two weeks ago, I reported here that the prosecution had submitted motions to the…
Military Commissions and Unintended Constitutional Consequences
Over at Lawfare, I have a post up this morning providing a preview of next Tuesday’s oral argument in the D.C. Circuit in In re al-Nashiri–a mandamus action challenging…
Basic category error by ten members of the Senate Judiciary Committee
Last Tuesday, AG-Designate Loretta Lynch, in her capacity as U.S. Attorney for the Eastern District of New York, announced the unsealing of a complaint and arrest warrant that…
What it Really Means to “Close Guantánamo”
[Editors’ Note: 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…
Due Process and Detention at Guantanamo: Closing the Constitutional Loopholes
The D.C. Circuit recently heard argument in Al Bahlul v. United States, where the defendant has made a series of constitutional challenges to the Guantanamo military commissions. …
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 jurisdictional issue delaying the al-Nashiri military commission: Saudi defendant + French ship + Malaysian shipper + Iranian oil + Bulgarian casualty = trial in a U.S. military commission?
A couple of weeks ago, the Chief Prosecutor in the Office of Military Commissions filed an appeal to the Court of Military Commission Review from an order by the trial judge dismissing…
Abu Ghaith Sentence Confirms We Don’t Need Guantanamo
On Tuesday morning, Osama bin Laden’s son-in-law, Suleiman Abu Ghaith, was sentenced to life in a U.S. federal prison. The former al Qaeda spokesman was arrested in Jordan by…
The important and difficult issues in the al-Nashiri case: When did the war begin? And was the COLE bombing a war crime?
The tragic bombing of the USS COLE by al Qaeda operatives in October 2000 was a heinous crime. Even if it occurred as part of an armed conflict between the United States and…