Military Commissions
144 Articles
The Potential Pitfalls of Refusing to Reopen the Article III Door for Guantanamo Detainees
The version of the National Defense Authorization Act for FY 2014 (2014 NDAA) reported out by the Senate Armed Service Committee (SASC) would have eliminated the existing bar on…
Associated Forces, Material Support, and the Hidden Flaws in Ali v. Obama
As Steve previously noted over at Lawfare, on Tuesday, the D.C. Circuit affirmed the denial of yet another Guantánamo habeas petition in Ali v. Obama. Specifically, the court…
ICRC’s Public Reply Regarding Order to Turn Over Confidential Reports to Military Commission
As readers may recall, on November 6, Military Commission Judge James Pohl ordered the prosecution to hand over to him all ICRC confidential reports on its visits to Guantanamo…
Should ICRC Reports on Detainee Visits be Turned Over to Military Commission Defense Counsel?
On November 6, Military Commission Judge James Pohl ordered the prosecution to hand over to him all ICRC confidential reports on its visits to Guantanamo that are in the possession…
The Khadr Appeal [UPDATE: and the Hicks Appeal]
In October 2010, Omar Khadr pleaded guilty to four violations of the Military Commissions Act of 2009. Khadr, who is presently serving out his sentence in Canada, has now appealed…
The Coming Hicks and Khadr Appeals: Yet Another Military Commission Headache
As various media outlets reported earlier this week, Australian David Hicks–one of the first detainees charged and convicted (via plea) under the Military Commissions Act…
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…
Preview — Al Bahlul in the D.C. Circuit: The Fate of Military Commissions at Guantánamo
On Monday, September 30, the D.C. Circuit, sitting en banc, will hear argument in al Bahlul v. United States – a case definitely worth watching. The immediate question is whether…
Unprivileged Does Not Mean Prohibited
In his latest post, Ryan takes issue with those who argue that it would violate international law for a state civilian agency, such as the CIA, to use force in an armed conflict. …
Flip Flops?: The Conflict with Al Qaeda Is (Not) a War
Following the September 11 attacks in 2001, President George W. Bush justified several military actions on the ground that the United States was now in an armed conflict with Al…
Time to Retire the Military Commissions
Last Monday morning, as a military judge read each of the men accused of plotting the 9/11 terrorist attacks their rights to attend the hearings in their case, two of them objected.…