Detention: Law of: Other

Latest in Detention: Law of: Other

Guantanamo: Legislation

The Meaningful Legal Differences Between Stateside and Guantánamo Detention

Gabor's post from this morning, which is styled as a response to Ben's thoughtful analysis of what it will take to close Guantánamo (while ignoring some of the other responses), concludes that the only meaningful way to "close" Guantánamo is for President Obama "to either release all detainees or try them in our time-tested federal courts," at least largely because moving the detainees into the United States wou

Politics & National Security

A Bit More On the Debate About the Extraterritorial Scope of the Torture Convention’s Provisions on Cruelty

In his piece on Nobel Peace Prize Laureates pressuring the President to disclose information about torture, Charlie Savage explains why some officials in the administration oppose the broad extraterritorial expansion of Article 16 of the CAT:

Detention & Guantanamo

When I'm 64: The Geneva Conventions and the Obama Administration

August 12 is the 64th anniversary of the signing of the Geneva Conventions.  As a candidate, Senator Obama was highly critical of the Bush Administration’s non-application of the Geneva Conventions to detained members of al-Qaida and the Taliban.   His Administration came into office pledging to “abide” by the Geneva Conventions, and President Obama himself received an ovation at his Nobel Prize acceptance speech in Oslo in December 2009 for reaffirming his commitment to the Co

Detention: Law of: Other

The Construction of the NDAA in Hedges

Judge Lewis Kaplan's excellent Second Circuit opinion in Hedges yesterday should end the controversy over whether the 2012 NDAA expands or merely codifies the government's AUMF detention authority---though it almost surely won't. The key discussion begins on page 33 and represents as lucid and straightforward an account of how to read the detention language of Section 1021 as I have seen.

Detention: Law of

The President's Speech: What About GTMO Detainees Who Cannot be Tried, but also Cannot be Released?

In his speech today, President Obama explicitly raised this perennial, maddeningly difficult issue.  But he stopped well short of proposing a solution. Instead he said that “once we commit to a process of closing GTMO, I am confident that this legacy problem can be resolved, consistent with our commitment to the rule of law.”

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