Military Commissions
151 Articles
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…
Responding to John Dehn’s Letter to the Editor on the 9/11 Military Commissions
I agree with John Dehn that the military justice system is far more fair, orderly and efficient than the military commission system. My argument for why civilian federal courts…
9/11 Case Stalls as Prosecution Moves to Have Detainee’s Competency to Stand Trial Examined [UPDATED]
In quite an unexpected turn of events in the 9/11 case pre-trial motions hearing, this morning’s session came to a screeching stop almost as soon as it started. As I mentioned…
Updates from Today’s 9/11 Case Hearings Before the Military Commission
Today was the second public session of this week’s pre-trial motion hearings in the 9/11 case before the military commission in Guantanamo Bay. As I am sure many readers…
Judge Pohl’s 9/11 Trial Order on the Convention Against Torture and the Accused’s “Observations and Experiences”
On Monday, Thomas reported that Judge Pohl, in the 9/11 military commissions case (United States v. Mohammed et al.), had reportedly “issued several orders lifting the classifying…
Military Commission “Lifts” Provision Classifying “Observations and Experiences”
The pre-trial motions hearing in the 9/11 case (United States v. Mohammed et al.) is back in session this week. Today’s session was in camera and closed (with public…
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…