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The “End of War” – A Recent Timeline
January 28, 2013: The United States signs a status of forces agreement with Niger “that clears the way for a stepped-up American military presence on the edges of the conflict in neighboring Mali,” and t... -
1/28 Hearing #6: Who Hit the Censor Button? And Voluntariness, and a 505(h) Session
The parties return, the defense having debated and then chosen a procedure for litigating AE80, regarding the preservation of evidence of any existing detention facility. Before we really learn from KSM... -
1/28 Hearing #5: Agreeing v. Acknowledging, and Some Detention Discussion
We’re back from lunch, with all parties present. A procedural tidbit before beginning: we’re told that classified session will commence this afternoon at 3 p.m., likely in connection with motions relat... -
1/28 Hearing #4: What You Can't Disclose, and What You Need to Know
The protective order, and J. Connelll III’s now-famous demonstrative slides, return to center stage. The lawyer’s subject: the protective order's definition of “unauthorized disclosure.” The latter sug... -
1/28 Hearing #3: And on to the First (Now Moot) Motion...
We begin with AE20, regarding the time for the defense to respond to government motions. The court thinks its moot. Bormann is back, and doesn’t touch AE20’s mootness. Instead she pushes forward with ... -
1/28 Hearing #2: So Which Motions Would Y'all Like to Talk About?
We turn to the motions set for argument on the amended docketing order---or, rather, to the order in which those motions will be argued. (The docketing order didn't do that?) It turns out that we won’t ... -
1/28 Hearing #1: Changes to the Defense Team, and Things Voluntary
The hour arrives, and our hearing begins. There’s Judge Pohl, looking resplendent as always in his judicial robes. All five accused are present in the courtroom, though not all of their lawyers are. ... -
Denial of Territory to Terrorist/Insurgent Groups in Counterterrorism Strategy
Jack and Ben have already flagged their entries in a Hoover Institution Task Force on National Security and Law series on national security challenges for the second Obama term (Hoover is adding one essa... -
KSM's Defense Counsel to Work for UN Special Rapporteur Investigating Drone Strikes?
I'm not sure what to make of this: As I've just explained, a UN Special Rapporteur has launched an investigation into the legality of US and Israeli drone strike practices. The Special Rapporteur's sta... -
Drone Strikes, the UN Special Rapporteur Investigation, and the Duty to Investigate
[Update - I've clarified some points below, at the bottom, in response to reader feedback] Ben Emmerson QC is a British human rights law specialist who currently serves as the UN Human Rights Council's ... -
American Security Project Drone Event---and Joshua Foust Paper
Yesterday, the American Security Project (ASP) held a lunch event on drones. The discussion, between ASP's CEO Stephen Cheney, ASP Fellow Joshua Foust, Daphne Eviatar of Human Rights First, and me was a ... -
UN Assistance Mission Report on Torture in Afghan Detention Centers
Over the weekend, the United Nations Assistance Mission in Afghanistan ("UNAMA") released its report on the treatment of conflict-related detainees in Afghan prisons. Needless to say, it's not terribly u...
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