The U.S. withdrawal from northern Syria and the subsequent Turkish invasion of the region has brought new urgency to the question of how to handle the foreign fighters who are now detained in Syria and Iraq.
Julia Solomon-Strauss is a J.D. candidate at Harvard Law School. She previously worked at the Center on Law and Security at NYU School of Law. She holds an MPhil in Historical Studies from the University of Cambridge and an A.B. in Social Studies from Harvard College.
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In the past few months, prosecutors have tried, juries have convicted, and judges have sentenced defendants from the height of the Islamic State’s power in 2014–15. Meanwhile, American law enforcement continues to prosecute individuals involved in terrorist-related crimes in the United States, even as new challenges—like prosecuting foreign Islamic State fighters—arise.
Last week, the military commission in United States v. Khalid Sheikh Mohammed et al. reconvened for pretrial proceedings, meeting in open session on Sept. 10, 11, and 12. The commission covered Col. Keith Parrella’s replacement of Col. James Pohl as the presiding military judge, began discovery motions, and interviewed witness Lieutenant Doug Newman.
Parrella’s Transition into the Role
The military commission in United States v. Al-Nashiri reconvened in open session this past week before being abruptly abated on Feb. 16, as previously reported on Lawfare.
In a remarkable turn in United States v. al-Nashiri, military judge Col. Vance Spath suspended proceedings on Friday, Feb.
Last Week at the Military Commissions: More Debate on Defense Team Resignations and Evidence Pre-Admission in al-Nashiri
This past week, the military commission in United States v. al-Nashiri reconvened in open session for the first time since November, with open sessions on Jan. 19 and 22.