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Former Guantanamo Detainee Petitions for Certiorari Seeking Redress for Alleged Torture
In late 2002, Afghan officials arrested Mohammed Jawad and transferred him to American officials. During his six-year stay at Guantanamo, Jawad alleges that he was tortured. Upon being released from fede... -
D.C. Circuit Strikes Down Bill of Attainder Claim in Paracha v. Trump
Yesterday, in a short per curiam opinion, the U.S. Court of Appeals for the D.C. Circuit affirmed the ruling of the U.S. -
The ICC’s Afghanistan Investigation: The Missing Option
In a February Lawfare post, David Bosco analyzed the different possible US responses to the pending decision of the International Criminal Court (ICC) Prosecutor on whether to open an investigation into ... -
Israel’s Point Man on the ICC
The Jerusalem Post published yesterday a lengthy profile of Israel’s Military Advocate-General, Sharon Afek. The article notes that Afek will have a key role in shaping Israel’s posture toward the Intern... -
Corporate Liability Under the Alien Tort Statute Returns to Supreme Court in Jesner v. Arab Bank
On Monday, April 3, the Supreme Court agreed to hear a new Alien Tort Statute case, Jesner v. Arab Bank, No. 16-499. -
Force-Feeding Videos Remain Sealed
On Friday, a three-judge panel in the D.C. Court of Appeals rejected a request to release recordings of military personnel in Guantanamo Bay force-feeding a detainee who was on a hunger strike. The detai... -
Movement in a New Guantanamo Habeas Case
Don't look now but the long dormant world of Guantanamo habeas litigation is getting at least a little bit less sleepy. Last November, a detainee named Guled Hassan Duran, an alum of the CIA's RDI prog... -
Bahlul Files Cert Petition
Counsel for Ali Hamza Suliman al Bahlul have filed a petition for a writ of certiorari with the Supreme Court appealing the October 2016 ruling by the U.S. Circuit Court of the District of Columbia sitti... -
Nashiri Files Cert Petition in Habeas Case
Counsel for Abd al-Rahim al-Nashiri in the Guantanamo detainee's habeas case have filed a petition for a writ of certiorari with the Supreme Court appealing the decision made by the U.S. Court of Appeals... -
Doe v. Nestle ATS Case Dismissed (Again)
The long-running Alien Tort Statute suit against Nestle, Archer Daniels Midland, and Cargill for allegedly aiding and abetting child slave labor in the Cote d’Ivoire—Doe v Nestle—has once again been dism... -
DOJ Delivered Only Copy of SSCI Report to Court, Senate Democrats Write
As Benjamin Wittes and I have noted, the last few weeks of the Obama administration and the first months of the Trump administration generated some activity surrounding the Senate Intelligence Committee’... -
International Terrorism Prosecutions: 2017's Second Material Support Arrest
On February 21st, twenty-five year old Robert Lorenzo Hester, Jr. was charged in federal district court in the Western District of Missouri with attempting to provide material support to ISIL. Hester is ...
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