Latest in Detention: Law of

Umm Sayyaf

Will Umm Sayyaf Walk Free Despite Her Role in the Abuse and Death of Kayla Mueller?

Last summer, U.S. forces conducted a raid in Syria that resulted in the capture of Umm Sayyaf, an ISIL member involved in the imprisonment and rape of women including American citizen Kayla Mueller.  She was in U.S. military custody long enough to allow for interrogation both by the HIG and by a subsequent FBI clean team, but was not ultimately brought to the United States for trial.  Instead, she was transferred to Kurdish authorities to face trial there.

Detention & Guantanamo

Second Circuit Rules That High-Level Bush Officials May be Sued For Post-9/11 Round-up of Immigrants

In what seems to be a first-of-its-kind ruling, the Second Circuit Court of Appeals has reinstated claims against former Attorney General John Ashcroft, former FBI Director Robert Mueller, and former INS Commissioner James Zigler for their roles in post-9/11 immigration detentions, alledged abuse, and profiling. 

According to the Center for Constitutional Rights:

Detention & Guantanamo

ISIS Captures: What’s the End-Game?

Last week, Nathalie and I wrote about the international law questions U.S. executive officials were likely considering while contemplating the continued detention and ultimate fate of the sole known ISIS detainee, and surely must have contemplated in the lead-up to her capture.  Now Shane Harris and Nancy Youssef have an article in the Daily Beast titled “U.S. Has No Idea How Long It Will Keep an ISIS Bride Locked Up,” which raises two additional questions I want to address briefly: one about pre-capture planning, and one about potential litigation. 

Detention: Law of

Magna Carta, Due Process, and the Prohibition against Arbitrary Imprisonment or Killing

Eight hundred years ago today, English barons obliged King John to sign Magna Carta.  In honor of the anniversary, I thought I might share a brief passage on the subject from my book manuscript (I'm in the midst of a long-running book project, the aim of which is to situate various post-9/11 controversies in long-term historical context).  From the current draft of my third chapter:

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