Detention: Proxy Detention

Latest in Detention: Proxy Detention

Covert Action: Rendition

The SSCI Report and Its Critics: Torturing Efficacy

Polarization surrounding the SSCI Report (see here for Lawfare’s coverage) has been most pronounced on the efficacy of enhanced interrogation techniques (EITs). The Report and its supporters have proclaimed that EITs never produce useful information. Unfortunately, that pat assertion undermines the possibility of a consensus on future interrogation tactics, including a consensus that rules out coercion.

Terrorism Trials & Investigations

Postwar: An Essay on Whether the Armed-Conflict Model Still Matters

"Does it really matter, from a legal perspective, whether the U.S. government continues to maintain that it is in an armed conflict with al Qaeda?  When it comes to the use of lethal force and military detention, not nearly so much as both supporters and critics of the status quo commonly assume."

Interrogation: Criminal

Why No Period of Detention and Interrogation for Abu Ghaith, ala the Warsame Model?

As Ritika notes below, the United States has captured a senior al Qaeda figure (Sulaiman Abu Ghaith, who was the son-in-law of Osama bin Laden), and will be bringing him to the United States for prosecution in civilian court.  One important question this story raises is whether it is right to think of this as a continuation of the "Warsame model," or if instead this reflects a policy decision to steer even fu

Detention: Non-Guantanamo Habeas Litigation

False Continuity Continued: Today's WaPo on "Renditions" Under the Obama Administration

Under the snazzy headline "Renditions continue under Obama, despite due-process concerns," today's Washington Post has a long article on the overseas arrest, detention, and subsequent criminal indictment in New York (civilian) federal court of three "European men with Somali roots." The article claims (with emphasis added) that:

Detention: Law of: D.C. Circuit Development

Beyond the Battlefield, Beyond al Qaeda: The Destabilizing Legal Architecture of Counterterrorism

I'm happy to report that I've recently completed drafting an article that has been much on my mind for the past few years.  Beyond the Battlefield, Beyond al Qaeda: The Destabilizing Legal Architecture of Counterterrorism (Michigan Law Review, forthcoming 2013) is now posted to SSRN.  In it, I argue that (i) there is a widespread perception that the legal framework for detention and targeting has reached a point of relative stability thanks to a remarkable wave of interbranch and inter-party consensus since 2008; (ii) this facade depends almost


Proxy Detention in Somalia, and the Detention-Drone Tradeoff

There has been speculation about the effect of the Obama administration’s pinched detention policy – i.e. no new detainees brought to GTMO, and no new detainees to Parwan (Afghanistan) from outside Afghanistan – on its other counterterrorism policies.  I have long believed there must be some tradeoff between narrowing U.S.

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