Military Commissions
151 Articles
Torture and Transparency in the Military Commissions
America’s war court is back in session at Guantánamo, with yet more pretrial proceedings in the case of the five 9/11 defendants (alleged mastermind Khalid Sheikh Mohammed,…
The President’s Plan for Closing the Guantánamo Bay Detention Facility
It’s here. The President proposes that once current transfer efforts are completed this year, the remaining 30 to 60 GTMO detainees ought to be detained in a U.S. facility. This…
When Did the War With al-Qaeda Start?
On Wednesday, the DC Circuit is scheduled to hear oral arguments on a request to halt the military commission prosecution of Guantánamo detainee Abd al-Rahim Hussein al-Nashiri.…
Don’t Forget the Other Legal Issues in the 9/11 Trial
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 week or looks…
Why should the Constitution require Article III courts for criminal trials of federal offenses?
[UPDATED for clarification.] Many thanks to Charlie Dunlap for his thoughtful response to my posts (here and here) about al-Bahlul and the Article III question in that case. Our…
Military Commissions and Fairness
My friend Marty Lederman provides a lot of fascinating commentary about the en banc rehearing in the Al-Bahlul case (here and here). I’d like to focus on just part of Marty’s…
The More Things Stay the Same: Another Week of Military Commission Hearings
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 week or looks…
Abstention and the “Other” D.C. Circuit Military Commission Appeal
Lots of attention has been focused both here and elsewhere in recent days on tomorrow’s en banc oral argument before the D.C. Circuit in “Al Bahlul IV,” which makes a lot…
We Don’t Need to Broaden Military Commissions’ Jurisdiction
Editor’s Note: This is the most recent post in a mini-symposium leading up to tomorrow’s en banc oral argument in the US Court of Appeals for the District of Columbia Circuit…
Al Bahlul and the Risks of Legitimating Departures from Article III Jurisdiction
Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can check…
No War Crime? No War Crimes Trial!
Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can check…
Al Bahlul’s Commission Conviction and the Pragmatic Jurisprudence of Article III
Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can…