Latest in Detention: Law of

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.

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:

Detention & Guantanamo

Whatever Happened to Umm Sayyaf?

Critical attention to the Obama Administration’s handling of the ongoing conflict with al Qaeda and associated forces tends to center on debates over drones and targeted killing, not captures. This may be due at least in part to the fact that, over the course of President Obama’s entire tenure in office, the United States has conducted almost no law-of-war capture and detention operations outside of the Afghan theater.

Syria

Some Domestic and International Law Questions Raised by the Abu Sayyaf Raid

Today’s White House statement about last night’s spectacular Special Operations raid into Syria states that “This operation was conducted with the full consent of Iraqi authorities and, like our existing airstrikes against ISIL in Syria, consistent with domestic and international law.” However, the raid raises complicated questions about the domestic and international law basis both for the incursion into Syria, and for the detention of Abu Sayyaf’s wife

Relationship between LOAC and IHRL

Judicial Review for POWs During Armed Conflict?

Interested in the ongoing debate over the relationship between LOAC and Human Rights Law in general, or the intersection of those bodies of law in relation to non-criminal detention in particular? You won't want to miss this.

In 2012, the UN Human Rights Council asked the UN Working Group on Arbitrary Detention to produce a document spelling out just what it means to say there is a prohibition on arbitrary detention--including in the context of armed conflict.

Subscribe to Lawfare

EmailRSSKindle