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Category Archives: Detention: Operations in Iraq

The Convention Against Torture: Extraterritorial Application and Application to Military Operations

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Sunday, October 26, 2014 at 10:37 AM

Belatedly, I want to join the discussion about the extraterritorial application of the Convention Against Torture (CAT), about which Jack commented on Friday, drawing on an article by Charlie Savage earlier in the week. The New York Times opined on the issue on Tuesday in one of its typically misleading, “don’t-confuse-me-with-the-facts” editorials that suggested that the . . .
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Unwinding Detention in Afghanistan: Are Military Commissions in the United States the Solution?

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Thursday, December 19, 2013 at 6:00 AM

The Washington Post had an important story yesterday involving the future of the 53 military detainees who remain in U.S. custody in Afghanistan. Why not just stick with the status quo—i.e., military detention under color of the law of armed conflict?  Primarily because the clock is ticking on our practical capacity to maintain the status quo.  As . . .
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Unwinding Detention in Afghanistan Hits a Rough Patch

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Saturday, March 9, 2013 at 11:27 AM

I’ve posted many times on the gradual but inexorable process through which the United States is closing out its detention operations in Afghanistan, including this recent update.  It has been a bumpy road, and after President Karzai recently suggested that he would quickly release certain detainees once able to do so, it not surprisingly has . . .
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Detention in Afghanistan: The End Draws Closer

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Friday, January 11, 2013 at 4:25 PM

The meeting between Presidents Obama and Karzai today appears to have produced an agreement that will revive the process of shutting down U.S. detention operations in Afghanistan.  As reported in the Wall Street Journal: With Mr. Obama at his side, Mr. Karzai said on Friday that the two have agreed on what he called the complete . . .
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The Increasingly-Uncertain Fate of Long-Term Military Detention in Afghanistan

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Monday, November 19, 2012 at 2:45 PM

A few years ago I wrote a paper about the cycle of detention law and policy over time in Iraq, and among other conclusions I observed that the sustainability of overseas, US-administered detention facilities established in the context of a large-footprint combat deployment is inextricably linked to the sustainability of the underlying deployment itself–and that sooner . . .
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Beyond the Battlefield, Beyond al Qaeda: The Destabilizing Legal Architecture of Counterterrorism

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Wednesday, August 29, 2012 at 11:42 PM

I’m happy to report that I’ve recently completed drafting an article that has been much on my mind for the past few years.  Beyond the Battlefield, Beyond al Qaeda: The Destabilizing Legal Architecture of Counterterrorism (Michigan Law Review, forthcoming 2013) is now posted to SSRN.  In it, I argue that (i) there is a widespread . . .
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Detention in Afghanistan: How Much Control Does the US Still Have?

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Thursday, June 7, 2012 at 11:54 AM

As both Wells and Ben noted previously, there are renewed signs of interest in the fate of military detention in Afghanistan, in the form of an NPR story by Quil Lawrence and an order that same day from Judge Bates relating to the Afghanistant habeas litigation.  The NPR story is quite interesting, on dimensions pertinent to the attempt to establish . . .
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Dusting Off the U.S.-Iraq Extradition Treaty?

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Friday, May 11, 2012 at 6:55 PM

Bobby joined Charlie Savage and Jack Healy in querying here whether the U.S. Government might consider asking the Iraqis to extradite Lebanese national Ali Musa Daqduq to the United States. It is not a no-brainer for the United States to invoke the 1934 U.S.-Iraq extradition treaty, even if the USG could overcome Congressional objections to . . .
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Why Did the Iraqi Prosecution of Daqduq Fail?

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Tuesday, May 8, 2012 at 11:13 AM

Yeesh.  Yesterday I noted that Chairman McKeon’s NDAA draft includes a “Daqduq rule” — i.e., a provision requiring the Defense Department to notify Congress before transferring certain detainees held at the DFIP in Afghanistan out of U.S. custody.  I called it that because the impetus for such intervention surely was the example provided by Ali Musa . . .
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Moving to Warrant-Based Targeting and the Law Enforcement Model in Afghanistan?

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Tuesday, March 20, 2012 at 10:22 AM

A little while back, I wrote an article describing the evolution of our capture and detention policies in Iraq from 2003 to 2010 (based on a review of a massive pile of after-action reports and interviews from throughout that period).  The general thrust of that evolution, of course, was to move from a LOAC-driven military . . .
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Oral Argument Yesterday in Doe v. Rumsfeld [Updated]

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Tuesday, March 20, 2012 at 12:05 AM

The D.C. Circuit heard oral argument yesterday in Doe v. Rumsfeld (11-5209), a Bivens case brought by a U.S. citizen working as a military contractor in Iraq who alleged detention and interrogation abuses by the U.S. government. The case is similar to Lebron v. Rumsfeld and Vance v. Rumsfeld, two recent Bivens cases brought by U.S.-citizen plaintiffs. In Lebron, . . .
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Getting Out of the Detention Business in Afghanistan by the Fall of This Year?

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Monday, March 5, 2012 at 10:49 AM

The Times has an important story from Alissa Rubin this morning describing the ongoing negotiations between the US and Afghanistan regarding the future of the US presence there.  We have frequently heard that the two big issues clogging the negotiations involved Karzai’s desire to end night raids and to have all detention operations immediately handed . . .
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ICRC Report on Visits to U.S. Detention Facilities

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Thursday, January 12, 2012 at 10:56 AM

The ICRC recently published this report on its visits to detainees being held in U.S. facilities in Afghanistan, Guantanamo, Iraq, and South Carolina. The report opens: Although terrorism is not new, States continue to be confronted with the question of how to respond adequately and effectively to the security challenges it poses while protecting the . . .
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Plan Ahead for the End of Afghan Detention Operations

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Friday, January 6, 2012 at 9:53 AM

At one point prior to 2009, [Update: In my haste this morning, I erred by referring to 100,000 detainees in Iraq at a single point in time, when instead I meant to refer to the volume of detainees we held there over time; the maximimum at any given point in time, I believe, was in . . .
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The NDAA: The Good, the Bad, and the Laws of War–Part II

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Saturday, December 31, 2011 at 4:48 PM

By Marty Lederman and Steve Vladeck* [Cross-posted at OpinioJuris] Section 1021 of the NDAA and the Laws of War In our companion post, we explained that section 1021 of the NDAA will not have the dramatic effects that many critics have predicted–in particular, that it will not affect the unresolved question of whether the 2001 Authorization . . .
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The NDAA: The Good, the Bad, and the Laws of War–Part I

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Saturday, December 31, 2011 at 4:43 PM

By Marty Lederman and Steve Vladeck* [Cross-posted at OpinioJuris] Editorial pages and blogs have been overrun in the past couple of weeks with analyses and speculation about the detainee provisions in the National Defense Authorization Act, which the President has just signed into law.  One of the major disputes concerns whether and howi the NDAA . . .
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The Daqduq Mess: Apportion Blame Widely

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Tuesday, December 20, 2011 at 12:20 PM

Another bad development in the Daqduq situation (see here if you don’t know whom I’m talking about).  According to the AP, Iraqi officials have indicated that the only charge they plan to bring against Ali Musa Daqduqwould be a very minor one: illegal entry using a fake passport.  The report indicates that one can get . . .
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Meanwhile, a Guilty Plea From Another Person Involved in the Iraq Insurgency

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Friday, December 16, 2011 at 5:34 PM

What an interesting day for the question of how to address cases involving participation in the insurgency in Iraq. Earlier today we learned that Ali Musa Daqduq, the last American military detainee in Iraq (who is believed to have orchestrated the capture, torture, and murder of a group of U.S. servicemembers in Iraq), was turned . . .
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Daqduq Transferred to Iraq

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Friday, December 16, 2011 at 3:37 PM

Oh my.  Ali Mussa Daqduq, a Hezbollah agent held by the U.S. military for many years in Iraq and believed to have been responsible for an episode involving the capture, torture, and murder of a group of U.S. soldiers, has been transferred to Iraqi custody.   I’ve commented on him many times recently (see, e.g., here).  . . .
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United States v. Ali and Military Jurisdiction Over Civilians

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Thursday, December 8, 2011 at 9:48 PM

Thanks to Ben for the warm introduction, and to the entire Lawfare crew for letting me crash the party. I thought I’d jump into the fray on a bit of a tangent, albeit one that both directly and indirectly implicates some of the issues we’ve been fighting over these past few months… Lurking in the . . .
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