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 … Read more »
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 … Read more »
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 … Read more »
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 … Read more »
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 … Read more »
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 … Read more »
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… Read more »
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 … Read more »
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 … Read more »
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 … Read more »
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 … Read more »
Friday, May 17, 2013
The Department of Justice’s Inspector General released an interim report on the Department’s handling of “known or suspected” terrorists who have entered the government’s witness protection program. The report found, among other things, that information on some program participants had not been turned over to no-fly list authorities; and, that two such people could not be located—though one… Read more »
