Britain's Guantanamo?
The BBC is reporting that British forces have been holding up to 85 Afghan detainees at a base in Afghanistan, some for as long as 14 months. A British official is quoted as saying "Many are either suspected killers of British troops or known to be involved in the preparation, facilitation or laying of improvised explosive devices.
Published by The Lawfare Institute
in Cooperation With
The BBC is reporting that British forces have been holding up to 85 Afghan detainees at a base in Afghanistan, some for as long as 14 months. A British official is quoted as saying "Many are either suspected killers of British troops or known to be involved in the preparation, facilitation or laying of improvised explosive devices. They are held pending transfer to Afghan authorities for further investigation prior to prosecution." But British lawyers for the detainees claim that the detainees are being held in violation of international law and have filed for habeas in UK courts. The situation is complicated by the fact that the British Defence Minister imposed a ban last November on turning captured Afghans over to the Afghan government for fear of mistreatment. And the British government will be reluctant to free the Afghan men after reports that British officials had recommended in 2010 that Kenya release the man who later killed a British soldier last week in London.
John B. Bellinger III is a partner in the international and national security law practices at Arnold & Porter in Washington, DC. He is also Adjunct Senior Fellow in International and National Security Law at the Council on Foreign Relations. He served as The Legal Adviser for the Department of State from 2005–2009, as Senior Associate Counsel to the President and Legal Adviser to the National Security Council at the White House from 2001–2005, and as Counsel for National Security Matters in the Criminal Division of the Department of Justice from 1997–2001.
