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Tag Archives: Parwan

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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Afghanistan May Release Hundreds of Detainees Transferred from US Military Custody

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Saturday, November 9, 2013 at 8:12 PM

The unwinding of US detention operations in Afghanistan continues.   The latest development concerns the population of some 880 Afghan detainees whom the United States has transferred to Afghan control as part of the drawdown process (the United States continue to hold a smaller population of non-Afghan detainees, the long-term disposition plan for which is unclear . . .
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Does the Armed-Conflict Model Matter in Practice Anymore?

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Friday, May 24, 2013 at 7:06 PM

This post draws on material from my current book project, the concluding chapter of which considers the legal architecture of counterterrorism in a “postwar” setting…and advances the argument that we already have largely crossed into that world.  In yesterday’s speech, President Obama repeatedly referred to the possibility that the armed conflict with al Qaeda may . . .
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Detention Deal in Afghanistan

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Sunday, March 24, 2013 at 8:40 AM

Both the New York Times and Washington Post are reporting that U.S. and Afghan officials have resolved the dispute over the transfer of authority over the Detention Facility at Parwan to Afghanistan. The Times reports: On Saturday, a Pentagon spokesman said that the transfer would take place on Monday. American officials gave few details on . . .
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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 NDAA and Detention in Afghanistan: Congress Takes a Step Toward Greater Involvement

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Thursday, December 20, 2012 at 6:21 PM

Another noteworthy development in the conference version of the NDAA is section 1025.  Think of this as a new direction in the congressionalization of detention operations in Afghanistan. What do I mean by congressionalization?  I admit I just made that term up.  So let me explain.  We’re all familiar with the idea of judicialization of detention–i.e., the gradual assertion of some . . .
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Senate NDAA Amendments Round-Up

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Thursday, November 29, 2012 at 12:20 PM

You want ‘em?  We got ‘em. Here are some more counterterrorism-relevant amendments to the Senate’s version of  NDAA 2013—all offered by Senator Sessions: Nos. 3009 (conditioning the availability of certain funds for the Executive Office of the President on prior congressional review of bilateral security agreements between the U.S. and Afghanistan), 3010 (requiring congressional notification when . . .
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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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Hearing Today in Al Maqaleh v. Rumsfeld

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Monday, July 16, 2012 at 9:10 AM

As Ben noted last month, Judge Bates recently has shown some interest in possibly moving the Boumediene-at-Bagram case, Al Maqaleh v. Rumsfeld, along toward a resolution.  After several very quiet months seemingly mulling over the pleadings before him, on the same day NPR aired a story suggesting that the U.S. “may have created a Guantanamo-style . . .
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Proxy Detention in Somalia, and the Detention-Drone Tradeoff

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Friday, June 29, 2012 at 11:25 AM

There has been speculation about the effect of the Obama administration’s pinched detention policy – i.e. no new detainees brought to GTMO, and no new detainees to Parwan (Afghanistan) from outside Afghanistan – on its other counterterrorism policies.  I have long believed there must be some tradeoff between narrowing U.S. detention capabilities and other counterterrorism . . .
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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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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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Duke Law Discussion of Theater Detention Operations

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Wednesday, June 22, 2011 at 9:00 PM

Some time back, I spoke at a panel at Duke Law School on detention policy alongside, among others, Michael Gottlieb, who had just completed a fourteen month tour as the top civilian official in Task Force 435 in Afghanistan. As I noted at the time, I found Gottlieb’s remarks especially valuable. Indeed, I have never . . .
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Redoing the Human Rights First Report Card I

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Tuesday, January 11, 2011 at 7:23 AM

So here are the first two elements of the Human Rights First report card, how I would recast them, and the grades I would assign. HRF’s initial element reads: Grade: A- Standing Firm Against Use of Torture and Detainee Abuse. The Obama Administration clearly denounced policies of torture and detainee abuse and reinforced the primacy of the Geneva Conventions . . .
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The Rate of Detention in the Field in Afghanistan, the Rate of Transfer to Long-Term Detention, and the Rate of Release

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Thursday, December 2, 2010 at 6:05 PM

The other day I posted some data on the recidivism rate among detainees in Afghanistan, culled from a report DOD recently submitted to Congress.  That same day, it turns out, Vice Adm. Robert Harward, commander of CJIATF-435, participated in a very interesting press briefing to discuss detention operations in more detail.  The whole thing is . . .
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Lawfare: So Are We Waging It?

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Thursday, November 25, 2010 at 12:01 AM

Parwan, Friday, November 19, 2010 — The week’s posts up until now—written on a Blackberry while we moved or found small spaces of time between engagements—position me finally to move from the definitional and philosophical matters I pondered yesterday in Khost to Jack’s September question: Do I consider counterinsurgency (COIN) in Afghanistan to be “lawfare.” . . .
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Military Detention in Iraq: Understanding the Detention Policy Cycle for Expeditionary Deployments, and Exploring the Relationship Between Law and Practice in the Field

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Wednesday, October 13, 2010 at 9:57 AM

Ever notice that the debate over detention law and policy rarely makes reference to the American experience in Iraq over the past seven years?  Ever wonder what lessons, if any, that experience has to offer?  If so, you might want to take a look at my forthcoming article “Iraq and the Military Detention Debate: Firsthand . . .
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