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 wouldn
Latest in Detention: Law of: Other
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:
The officials opposed to accepting the cruelty provision as applying abroad insist they do not want to resume abusive interrogations, which are barred by the 2005 statute anyway, but worry that accepting the treaty provisio
As my co-authors and I put the finishing touches on the 2014-15 Supplement to Aspen Publishers' National Security Law and Counterterrorism Law casebooks, I had another thought about the potential consequences of the D.C.
I've only skimmed this unsurprising ruling from the panel, which affirms the district court's dismissal of the detainee's suit against the military commissions' Convening Authority.
From its opening:
Abd Al Rahim Hussein Al-Nashiri is a noncitizen “enemy combatant” undergoing proceedings
Just as the great post-2008 wave of GTMO habeas litigation winds down, it appears to be time, at last, to revive the Periodic Review Board system at GTMO.
DOD breaks the news here (text reprinted below the fold). Of course, I wrote something similar back in June, which tells you something about how slow this is developing. That said, today's announcement has a lot more detail than the news from this summer. We are told, among other thing
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 Conve
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.
Last Thursday, Judge Gerald Bruce Lee of the U.S. District Court for the Eastern District of Virginia granted motions to dismiss the suit of a former Guantánamo detainee in Ameur v. Gates for lack of subject-matter jurisdiction.
Mammar Ameur, an Algerian citizen, was captured in Pakistan during a July 2002 raid. He was transferred to U.S.
On Monday, the Ninth Circuit heard argument in Hamad v. Gates and Al-Nashiri v. MacDonald, two civil cases involving Guantanamo.
In his speech today, President Obama explicitly raised this perennial, maddeningly difficult issue.