Mohamad Jamal Khweis

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Detention: Law of

Primer: Can the Trump Administration Transfer an American Citizen Enemy Combatant to Iraqi Custody?

Two weeks ago, the U.S. military received custody of an as-yet unnamed American citizen who had been captured in Syria by a Syrian Defense Force (SDF) fighter. The Pentagon soon confirmed that the person is being held in military detention as an enemy combatant, somewhere in theater, on the basis that he was a fighter for the Islamic State. Many days had gone by without further information, until today.

detention authority

Proxy Detention of a U.S. Citizen in Iraq? A Glimpse Into a Murky but Important Category of Detention

I would have missed this story if Phil Carter hadn’t flagged it on Twitter, since the Post categorized it as a merely “Local” item: a U.S. citizen from Virginia by the name of Mohamad Khweis apparently was held in detention for three months by Kurdish authorities in Iraq (after having traveled there to join the Islamic State), with the U.S.

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