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Detainees in Iraq Win Damages from Denmark in High Court Ruling

A Danish High Court (‘Østre Landsret’) decided this month that the Danish government should compensate a group of Iraqi nationals who sued the Ministry of Defense over ill…

“Zero Tolerance” and the Detention of Children: Torture under International Law

The Trump administration will continue to run afoul of refugee and human rights law unless and until it stops criminalizing refugees and ends the unjustified detention of children.

Policy and Legal Implications of European Court’s Ruling on CIA “Black Sites”

A Casa 235 turboprop plane at Ruzyne Airport April 8, 2005 in Prague, Czech Republic before leaving for Afghanistan. According to airport flight records the plane was registered…

Enhanced Evasion Techniques

On Thursday, May 17, after only a few hours of debate, the Senate approved Gina Haspel’s nomination as CIA director by a margin of 54 to 45 votes. The vote broke largely, but…

Gina Haspel: Feminist Smokescreen, Not Choice

Over the weekend, White House Press Secretary Sarah Sanders tweeted that it would be hypocritical to at once “support women’s empowerment” and oppose the nomination of Gina…

The Diplomats Speak: More Opposition to Gina Haspel’s Nomination to Head the CIA

Above: CIA headquarters. An august group of 115 retired diplomats have now circulated their own letter (reproduced below) in opposition to the nomination of Gina Haspel to lead…

Can An Insider Save CIA From Itself?

As confirmation hearings loom for Gina Haspel to be director of CIA, the focus has understandably been on what actions she might have taken in the Agency’s enhanced interrogation…

More Questions for Gina Haspel—The Record of False CIA Claims about Torture’s “Efficacy”

Recently Katherine Hawkins published a comprehensive set of questions that Gina Haspel, nominee to head the CIA, should be asked during her confirmation hearings (“What the…

Gina Haspel and the Elusive Shadow of CIA Torture: A Response to Ben Wittes

"At Lawfare, Ben Wittes has a long post up titled 'Why I Support Gina Haspel—Despite a Big Reservation.' ... But the core of Ben's post is based on a point on which he and I…
A man walks across the seal of the Central Intelligence Agency at the lobby of the Original Headquarters Building at the CIA headquarters February 19, 2009 in McLean, Virginia.

The Haspel Nomination as a Referendum on (Un-)Accountability

One of the consistent themes of the Supreme Court’s jurisprudence over the past few decades has been aggressive hostility to “judge-made” remedies, i.e., the…
A man walks across the seal of the Central Intelligence Agency at the lobby of the Original Headquarters Building at the CIA headquarters February 19, 2009 in McLean, Virginia.

“I’m Going to Defend My Guys to My Last Breath” Morell’s Virtual Whitewash on the Destruction of CIA Videos

On Friday, April 20 the CIA declassified a memo, written in 2011 by then-Deputy Director Mike Morell, about the destruction of 92 videotapes of “enhanced interrogations” at…

What the Law of Military Obedience Can (and Can’t) Do–What Happens if a President’s Orders are Unlawful?

A proposal to bring back waterboarding and a “hell of a lot worse.” The possible suggestion that members of the military should intentionally target terrorists’ civilian…
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