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Proxy Detention in Somalia and the Next Front in the Habeas Wars
An article today in The Nation, by Jeremy Scahill, alleges that the CIA operates a proxy detention facility in Mogadishu (the article also alleges a CIA-sponsored training operation for Somali government... -
ECHR Opinions on British Military Activities in Iraq
The European Court of Human Rights ("ECHR") yesterday released two judgments regarding the British military's alleged violation, in Iraq, of international human rights law. In the first case, Al-Skeini ... -
Small World...Jury Conviction, New York, al-Shabab, Overseas Capture
Isn't this interesting.... In a case titled United States v. Kaziu (E.D.N.Y. -
David Kris on Criminal Prosecution as a Counterterrorism Tool
Well, this is timely. The Journal of National Security Law & Policy has just published this 104-page article from David Kris (who recently stepped down as the AAG for the National Security Division at D... -
A Showdown with Congress over Warsame?
Bobby has already noted that the administration's handling of the Warsame case would not have been possible had either the suspect set foot in Guantanamo Bay under current law or if pending congressional... -
Warsame: An Emerging New Model for Terrorism Cases?
As Bobby notes, the recently announced criminal prosecution of Ahmed Abdulkadir Warsame, captured overseas almost three months ago by U.S. military forces, could be an important test of an emerging hybri... -
Breaking News: Overseas Military Capture, Extended Interrogation, and Civilian Criminal Prosecution in New York City: US v. Warsame as the Model Case?
This is, I think, a big deal. Hot on the heels of the fascinating testimony last week from Admiral McRaven and General Allen regarding disposition options for terrorism suspects captured overseas but out... -
Should Legislation Clarify that Detention Authority Vis-a-Vis Al Qaeda Extends Beyond the End of Combat Operations In Afghanistan? Or Should We Leave That to GTMO Habeas Round Two, Circa 2013 or So?
Deborah Pearlstein and Ben have been exchanging posts in relation to the pending NDAA legislation and detention authority issues. One passage in the exchange struck me as particularly significant. Deb ... -
An Answer from Deborah Pearlstein
Deborah Pearlstein answers my question: Ben Wittes, long an advocate for clearer domestic legislation authorizing U.S. detention operations,writes to ask whether my recent post favoring the Senate’s over... -
Iran Prepares Charges Against U.S. Officials
This will show Rumsfeld! From CNN.com: Tehran, Iran (CNN) -- Iran plans to prosecute 26 current and former American officials, an Iranian lawmaker said Sunday, potentially escalating a tit-for-tat dispu... -
A Question for Deborah Pearlstein
I was intrigued by this post from a few days ago by Deborah Pearlstein over at Opinio Juris. Entitled "Catching Up with the Senate on Detainee Matters," it concludes as follows: the Senate bill is a subs... -
The Administration's Strategic Errors--And Some Free Advice
As things stand now, the National Defense Authorization Act could end up being a disaster for the Obama administration on detainee matters. Much of the fault for this lies with Congress, a bipartisan maj...
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