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Category Archives: International Transfers/Deportations

More on UN Detention Procedures for Military Operations

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Monday, November 25, 2013 at 1:28 PM

About a month ago, I asked what had happened to the UN’s effort to develop a set of standard operating procedures to govern detentions that arise during the course of UN operations.  It appears that such a document exists in draft but is not public and has never been finalized. Against that background, I noted . . .
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Clive Walker on “Deportation With Assurances: UK Experience and Angst”

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Monday, November 25, 2013 at 7:03 AM

Clive Walker of the University of Leeds writes in with the following update on national security law news from Britain: On 21 November 2013, the United Kingdom’s government minister with responsibility for counter-terrorism, the Secretary of State for the Home Department (Theresa May), announced that the Independent Reviewer of Terrorism Legislation, Mr David Anderson QC, will . . .
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What Would Happen if Snowden Transits Through Ireland

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Thursday, July 11, 2013 at 6:54 AM

An Irish court rules on the subject—in response to U.S. requests for extradition help. The opinion is actually an interesting window into U.S. efforts to get countries to impede Snowden’s travel. Bottom line, the Irish court rejects the hypothetical U.S. extradition request, but on grounds that are easily fixed with another request. If I were . . .
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CFR Interview on “Extraditing Edward Snowden”

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Friday, June 28, 2013 at 11:53 AM

I’m the subject of today’s installment of the Council on Foreign Relations’ otherwise excellent “Interviews” series–an effort to distill the nuances of hot-button legal issues for a more diverse audience. Today’s interview tries to provide background on both the issues complicating Snowden’s potential extradition and the underlying charges against him (along with the substantive issues . . .
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Safe Haven(s) for Snowden?

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Tuesday, June 11, 2013 at 6:00 PM

A slew of news reports have discussed whether Snowden’s choice of Hong Kong as a haven of sorts was a wise one.  These reports tend to note the existence of a U.S.-Hong Kong extradition treaty and to describe the relatively smooth extradition practice that exists between those governments.  But the stories tend to overlook the . . .
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Look Who Has Discovered Inherent Presidential Powers

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Wednesday, May 8, 2013 at 2:11 PM

Hmmmm. From Harold Koh’s speech to the Oxford Union: Congressional transfer restrictions with respect to Guantanamo detainees “must be construed in light of the President’s authority as commander-in chief to regulate the movement of law-of-war detainees, as diplomat-in-chief  to arrange diplomatic transfers, and as prosecutor-in-chief to determine who should be prosecuted and where.”

UK Considers Withdrawing from European Convention on Human Rights

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Sunday, April 28, 2013 at 1:03 PM

In mid-March, I noted a speech by Home Secretary Theresa May, in which she advanced the idea that the UK should consider withdrawing from the European Convention on Human Rights.  As I noted then, the European Court on Human Rights had, again, blocked the deportation of Abu Qatada to Jordan.  Qatada, who is considered by . . .
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Human Rights and Counter-Terrorism/Immigraiton Policy in the UK

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Tuesday, March 12, 2013 at 1:15 PM

The hits just keep coming today for me — a flood of useful things to post.  This one is about a speech that the UK Home Secretary, Theresa May, gave yesterday in which she proposed that the UK consider withdrawing from the European Convention on Human Rights. Some of the strictures of the ECHR have . . .
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Habeas, Due Process, and… Extradition?

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Monday, March 4, 2013 at 6:48 PM

One of the more interesting structural constitutional questions to emerge from the post-9/11 detention litigation has been the previously under-explored relationship between the Constitution’s Suspension and Due Process Clauses–and the extent to which they might do separate work with regard to the scope of judicial review in executive detention cases. Thus, for example, in Boumediene, Justice Kennedy . . .
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Self-Defeating Humanitarian Efforts in Africa

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Monday, January 14, 2013 at 10:14 AM

Current events in Africa illustrate the unintended and sometimes-self-defeating effects of humanitarian efforts on that continent. First, France’s military action against Islamist insurgents in Mali raises the question why Islamists are on the rise in Mali and elsewhere in North Africa.  There are many causes, but the proximate one is the 2011 NATO invasion of . . .
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Terrorists, Pirates, and Drug Traffickers: Customary International Law and U.S. Criminal Prosecutions

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Friday, January 11, 2013 at 10:34 AM

As I discuss in my forthcoming book, International Law in the U.S. Legal System, regardless of whether customary international law has the status of self-executing federal law, it can play an important role in U.S. litigation.  The invocation of customary international law in civil suits brought under the Alien Tort Statute is of course well . . .
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Jenks on Italy, the Abu Omar Rendition Prosecution, and Violation of the NATO SOFA

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Saturday, September 22, 2012 at 3:32 PM

The following is a guest post from Chris Jenks.  Chris formerly was a Judge Advocate and Chief of the International Law Branch at the U.S. Army’s Office of The Judge Advocate General.  Now he is an assistant professor of law and director of the criminal justice clinic at the SMU Dedman School of Law.  On Wednesday, Italy’s . . .
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Read-Out From Motions Hearing in Al-Maqaleh and Hamidullah

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Monday, July 16, 2012 at 11:02 PM

Here’s your off-the-cuff read-out of this morning’s hearing before U.S. District Judge John Bates in Al-Maqaleh v. Gates and Hamidullah v. Obama, better known as the “can we get a little GTMO-style habeas review over U.S. detentions at Bagram” cases.  In short, the court unsurprisingly pushed both sides and revealed weaknesses in their respective positions.  . . .
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Why the “Munaf Sequels” Matter: A Primer on FARRA, REAL ID, and the Role of the Courts in Transfer/Extradition Cases

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Tuesday, June 12, 2012 at 9:00 AM

Yesterday’s news out of the Supreme Court may well have obscured another significant detainee-related legal development: As Lyle Denniston has noted over at SCOTUSblog, on Friday, the en banc Ninth Circuit handed down a thoroughly fractured decision in Garcia v. Thomas, a complicated extradition-related habeas case raising the question whether courts may inquire into Executive Branch . . .
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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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European Court of Human Rights Approves Abu Hamza Extradition to U.S.

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Tuesday, April 10, 2012 at 1:13 PM

As Raffaela has already noted, the European Court of Human Rights unanimously ruled this morning that Abu Hamza al-Masri and four other wanted terrorism suspects may be extradited from the United Kingdom to the United States. (Additional reporting on the decision is available in the New York Times and the Telegraph.) Abu Hamza is accused . . .
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European Court: UK Cannot Deport Abu Qatada to Jordan

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Tuesday, January 17, 2012 at 10:10 AM

The European Court of Human Rights has issued a ruling  (Othman (Abu Qatada) v. United Kingdom (E. Ct. Hum. Rts Jan. 17, 2012))  to the effect that the UK may not deport Omar Othman (better known as Abu Qatada, an extremist preacher long linked to al Qaeda) to Jordan, where he would face criminal charges.  . . .
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