It is time for the new Administration to be thinking about the difficult decisions it has to make regarding current and future wartime detention of enemy fighters. Developing a principled, credible, and sustainable detention policy will require more than simply undoing the policies of the prior administration.
Ryan Vogel is an assistant professor and director of national security studies at Utah Valley University. Previously, he served in the Office of the Secretary of Defense and taught international law at American University and the Chicago-Kent College of Law.
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Potential Implications of CENTCOM’s MSF Investigation on the ICC’s Preliminary Examination of U.S. Forces in Afghanistan
CENTCOM’s report on the airstrike on a Doctors Without Borders hospital in Kunduz, Afghanistan will surely attract the attention of the International Criminal Court’s (ICC) Office of the Prosecutor (OTP).
As Professors Ryan Goodman and David Bosco have both noted in excellent posts at Just Security and Foreign Policy, respectively, over the past seven years, the International Criminal Court’s (ICC) Prosecutor has quietly but persistently advanced a “preliminary examination” of the conflict in Afghanistan. Although it has been