Latest in International Law: LOAC: Detention
On Tuesday, Ben and Cody noted the apparent tension between President Obama's Memorial Day comments about the end of the war in Afghanistan and the Justice Department's arguments in the Al Warafi case.
The Guantanamo detainee, as readers likely know, argued in a February motion that the end of the United States' war in Afghanistan, as recognized by President Obama, requires his release from Guantanamo. On Wednesday, Al-Warafi filed his reply brief on that issue. It opens as follows:
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.
The response was filed on Friday, in the habeas case of Al-Warafi v. Obama. Have a look:
Judicial imperialism is defeating the British armed forces. At least this is what the authors of a report recently published by the Policy Exchange---an influential British think tank---claim.
The Washington Post has a fascinating article today about the legal issues arising from the surrender of one of the the notorious brutal leaders of the Lords Resistance Army, Dominic Ongwen. Apparently he surrendered to Muslim rebels in the Central African Republic who, in turn, transferred custody of Ongwen to American forces on January 5. He has been in our custody every since. The questio
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.
Findings, Conclusions and Areas of Dispute Between the SSCI Report, the Minority, and the CIA: Part Four
In this post, we proceed with Lawfare's ongoing, side-by-side comparison of the SSCI Study's key findings, and responses to them by both the SSCI Minority as well as the CIA.
By way of reminder, the SSCI's Study made twenty findings and conclusions about the CIA's detention and interrogation practices after 9/11---twelve of which the blog has summarized so far, along with any corresponding Minority and CIA remarks.