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

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: 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 provision as applyin

Terrorism Trials: Military Commissions

CTA9 Decides Al-Nashiri v. MacDonald

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 before a military commission at the United States Naval Base in Guanta

Guantanamo: Legislation

Relaunch of the GTMO Periodic Review Boards

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

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 Conve

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 & Guantanamo

EDVA Grants Motions to Dismiss in Ameur v. Gates

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.

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