Armed Conflict Criminal Justice & the Rule of Law Terrorism & Extremism

As We Leave Iraq, What About Daqduq?

Robert Chesney
Friday, October 21, 2011, 1:13 PM
As you probably have heard already, negotiations to extend the U.S.

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As you probably have heard already, negotiations to extend the U.S. troop presence in Iraq beyond the end of this year have officially foundered, in the face of opposition from the Sadrists in general and disagreement over immunity from Iraqi criminal law in particular.  One suspects that a deal may yet be worked out in 2012 to reinsert relatively small groups to train and perhaps even conduct the occasional joint CT operation.  But in the meantime, this seems to spell the end for all of the formal US military presence outside the embassy.  And that in turn means a decision must be made as to detainee Ali Mussa Daqduq.  So what will it be?  A military commission in the U.S.?  In Afghanistan?  On a ship?  A civilian trial in the U.S.?  Leave him in Iraq's hands?  Send him back to Lebanon?  None of these options is perfect; I don't envy whoever has to make this call.

Robert (Bobby) Chesney is the Dean of the University of Texas School of Law, where he also holds the James A. Baker III Chair in the Rule of Law and World Affairs at UT. He is known internationally for his scholarship relating both to cybersecurity and national security. He is a co-founder of Lawfare, the nation’s leading online source for analysis of national security legal issues, and he co-hosts the popular show The National Security Law Podcast.

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