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On Saturday, I sketched out six possible outcomes of the Supreme Court’s review of the travel ban cases. The Justices chose door number seven. In an unsigned, per curiam opinion, the Court granted certio...
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Many are debating the significance of today’s Per Curiam Supreme Court opinion that granted the government’s petitions for certiorari and its stay applications in part. Did the Court signal that it woul...
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Yesterday, the Supreme Court decided Ziglar v. Abbasi, an important case curbing lawsuits against former government officials for purported abuse of federal detainees. Some will view this decision as an ...
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Earlier this week, the Supreme Court denied Mohammed Jawad’s petition for certiorari.
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As Lawfare readers know, the question of corporate liability under the Alien Tort Statute is once again before the Supreme Court. But other ATS issues are still dividing lower courts.
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In mid-November, International Criminal Court prosecutor Fatou Bensouda announced that her office would make a decision “in the very near future” on whether to launch a full investigation in Afghanistan....
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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...
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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.
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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 ...
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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...
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On Monday, April 3, the Supreme Court agreed to hear a new Alien Tort Statute case, Jesner v. Arab Bank, No. 16-499.
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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...