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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 ... -
Trump’s DOJ to Assert State Secrets Privilege in Salim v. Mitchell
It looks like the DOJ is going to invoke the state secrets privilege after all in the latest CIA torture suit brought by former detainees, marking the first time that the Trump administration will use th...
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