Georgetown Security Law Brief

UN General Assembly endorses idea of treaty to regulate global arms trade

10/31/2008: The Miami Herald reports that the U.N. General Assembly overwhelmingly endorsed the idea of an unprecedented treaty regulating the global arms trade Friday, despite opposition from the United States.  Of the U.N.'s 192 member nations, 147 voted in favor of drafting the treaty. Only the U.S. and Zimbabwe voted against it, with the other nations absent or abstaining.

Inquiry targeted 2,000 foreign Muslims in 2004

10/31/2008: The New York Times reports that an operation in 2004 meant to disrupt potential terrorist plots before and after that year’s presidential election focused on more than 2,000 immigrants from predominantly Muslim countries, but most were found to have done nothing wrong, according to newly disclosed government data.

Commentary: The Candidates’ Surprising Silence on Torture and Guantanamo Bay

10/31/2008: CNSL Research Assistant Annamartine Salick and Fellow Nadia Asancheyev discuss the inadequacy of the debate amongst the presidential candidates on torture and Guantanamo, particularly in light of a landmark ruling this week from Guantanamo throwing out a confession because it was obtained by torture.

GAO criticizes DHS reporting on nuclear smuggling testing

10/30/08: Security Debrief reports that a new GAO report titled “Combating Nuclear Smuggling: DHS’s Phase 3 Test Report on Advanced Portal Monitors Does Not Fully Disclose the Limitations of the Test Results” criticizes DHS for its reporting related to testing radiation detection portal monitors, suggesting the reporting could be “potentially misleading.”

DC Metro to begin searching bags of passengers

10/29/2008:  The Washington Post discusses the new policies of Metro in searching passengers' bags.  Metro's top cop explained that the searches were meant to deter terrorist attacks, and that the primary thing being searched for was explosives.  Only those containers considered large enough to hide explosives will be randomly searched. 

More than 145 charged in National Export Enforcement Initiative in past year

10/29/2008:  The Wall Street Journal's Market Watch reports that more than 145 individuals indicted on criminal charges for actions related to the illegal export of restricted military and dual-use technology from the United States.   About 43 percent of these cases involved munitions or other restricted technology bound for Iran or China.  The National Export Enforcement Initiative has been a multi-agency endeavor involving investigations, training, and the creation of specialized task forces.

U.S. attack on Syria condemned as indicative of a new Bush Doctrine

10/29/2008:  The LA Times, The New Republic, and Opinio Juris discuss Iraq's condemnation of the U.S. attack on Syria and the suggestion that this attack as well as the recent one on Pakistan and a speech given by Defense Secretary Gates might be an indication of a last attempt at a Bush Doctrine on self-defense and deterrence.  The attack on Syria has even caused the Iraqi government to ask for new language in the SOFA which promises that the U.S. will not use Iraqi territory as a staging ground for attacks on other Middle Eastern countries.

Gates outlines reasoning behind expanded deterrence model

10/29/2008:  The New York Times reports that Defense Secretary Gates stated that the U.S. would hold “fully accountable” any country or group that helped terrorists to acquire or use weapons of mass destruction.  The departure from the Cold War deterrence model puts a strong focus on nonstate actors.  The speech is said to be another step in the Bush administration's final push to broaden the concepts of deterrence and self-defense in U.S. foreign policy.

Event: US Military Services and the Strategy for the Long Haul Conference

10/29/2008:  CSBA experts will present the findings of four new reports and recommendations on what must be done now to prepare our military services for immediate and future challenges. The US Military Services and the Strategy for the Long Haul Conference is on Monday, November 17 from 8:00 a.m. to 12:00 noon at the South American Room at the Capitol Hilton Hotel (1001 16th Street NW, Washington, DC).  Please see our calendar for details.

Risking the end of international law

10/28/2008:  Richard Dreyfuss writing for The Nation discusses how the recent exercises of U.S. military muscle and the new but similar Bush Doctrine currently in play risk the end of certain norms in international law.  Dreyfuss writes that if it goes unchallenged, the U.S. seems to be asserting a right to follow those individuals and entities it does not like across borders and attack them in other sovereign states.  The piece comes in response to recent attacks in Pakistan and Syria.  HT to Opinio Juris.

Defense attorneys given access to secret Guantanamo camp

10/28/2008:  The Washington Post reports that defense attorneys of the detainees at Guantanamo have been given permission by a military judge to inspect Camp 7 for purposes of understanding the conditions in which the detainees have been held.  Questions have been raised in the proceedings before the military commission as to the treatment of the detainees at Guantanamo as related to the effect on the defendants' mental state and fitness to stand trial. 

Iraqi court convicts Iraqi man of killing American soldiers

10/28/2008:  The Washington Post reports that an Iraqi judge convicted and sentenced to death an Iraqi man for abducting, torturing, and killing two American soldiers on evidence of the defendant's bloody fingerprints on a truck used to drag the soldiers.  Two co-defendants were acquitted for lack of evidence.  This was the first case of an Iraqi investigative judge filing charges and prosecuting an Iraqi for killing an American. 

Russia and China said to prevent UNSC from protecting human rights

10/27/2008:  The Washington Times discusses how the UN Security Council is prevented from addressing violations of international human rights by the presence of Russia and China as permanent members.  The situations in Zimbabwe and Sudan are of particular note.  One study notes that in 1990, the EU could get UN General Assembly support on human rights issues 72 percent of the time.  Over the last two years, that percentage has dropped to 49 and 55 percent, respectively.

Kenya's parliament endorses a truth and reconciliation commission

10/27/2008:  Jurist reports that Kenya's parliament has endorsed a truth and reconciliation commission to investigate human rights violations from the nation's independence in 1963 all the way up to February 2008.  The commission will be made up of six Kenyan nationals and three foreigners.  No one guilty of genocide or other human rights violations will be granted amnesty by the commission.

DNI eases rules on foreign contacts for security clearances

10/27/2008:  Secrecy News reports that the Director of National Intelligence has relaxed its policies on giving security clearances to individuals with foreign nationals as spouses or in their immediate families.  The previous rules had caused well-qualified linguists and foreign area subject matter experts to have substantial difficulty getting hired by U.S. intelligence agencies.  The new directive only eases the barrier; it does not eliminate it.

Coalition forces in Iraq detain Al Qaeda suspects

10/27/2008:  War on Terrorism reports that Coalition forces detained two individuals, one of which was a wanted Al Qaeda associate connected to the terrorist group's foreign operations network.  The men were caught west of Baghdad and detained for further questioning.

ICJ issues provisional order on racial discrimination case

10/27/2008:  Exploring International Law reports that the International Court of Justice has issued a provisional order in the Case Concerning Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation).  The Court was split 8 to 7 in the decision which only orders compliance with the International Convention on the Elimination of All Forms of Racial Discrimination.

UN expert says torture still widespread despite international conventions

10/27/2008:  Jurist reports that the UN Special Rapporteur on torture and other cruel, inhuman and degrading treatment or punishment has said that worldwide, torture is still widespread despite a number of international conventions banning it.  The expert cited the reliance in many countries on confessions for prosecutions in their criminal justice systems as well as the isolation of prisoners as creating a system ripe for torture and other abuses.

Presidential candidates share views on use of American military

10/27/2008:  The Washington Post reports that both Barack Obama and John McCain hold similar views as to when the American military should be used abroad.  In the debates and on the campaign trail, both candidates have said that they would commit troops for humanitarian and strategic missions and that such a mission could be for moral reasons as opposed to just defending U.S. interests.  They also both concede that the war in Afghanistan is likely to require a long-term commitment of U.S. personnel - which is why both favor increasing the size of the armed forces.

Judge that tried Saddam speaks out

10/26/08:  Newark Live reports that the Iraqi judge who tried Saddam Hussein is speaking about his experience.  Raid Al-Saedi says that he took on the job of prosecuting Saddam as a serious duty he owed to his country and its people.  Saedi is currently in the United States at Cornell Law School on a fellowship learning about the American legal system so that he can return to Iraq and work to improve its fledgling system.

Update: Administration balks at provision in DHS privacy reporting law

10/26/2008:  The New York Times reports that the Bush administration has informed Congress that it will not be abiding by a provision in the law forbidding "prior comment or amendment" by the White House of the annual reports made by the DHS Privacy Office to Congress.  The Justice Department has advised that such a provision unconstitutionally limits the power of the president.  Senator Arlen Specter, ranking Republican on the Senate Judiciary Committee remarked that the President should have vetoed the bill if he did not agree with the provision.

Detainees before the courts this week

10/26/2008:  SCOTUSBlog reports that two important events regarding Guantanamo detainees will occur this week. 

• First this Monday, U.S. District Judge Richard J. Leon will announce what the term "enemy combatant" will mean for all of the Guantanamo detainee cases before him.  This decision will be based on a hearing held in Leon's courtroom last Thursday.  See the most recent article on this decision here.
• Second, attorneys for the 17 Chinese Muslim Uighurs held in Guantanamo will file a brief on their petition to be released and temporarily allowed to reside in the United States until their cases are decided.  See the most recent article on the Uighurs' situation here.

Defendants' internet habits examined in terror trial

10/25/2008:  The Associated Press reports that the prosecution in a trial of five men accused of conspiracy to kill military personnel and attempted murder is presenting jurors with the defendants' internet activities in making their case against the defendants for their roles in a plan to attack a New Jersey army base.  Numerous jihadist sites and videos were displayed to jurors while the most graphic portions, of beheadings, were described by witnesses.  The prosecution contends that these sites and videos were inspiration for the defendants' plans.

UN investigator on torture in Iraq awaits a new U.S. president

10/25/2008:  Reuters reports that a UN investigator on torture is hopeful that the next U.S. president will change the current administration's policy and allow him into prisons in Iraq to examine conditions.  The investigator said that he has received no new reports of torture inside U.S.-run facilities and believes that the situation has markedly improved.

Hundreds being unlawfully detained in Yemen

10/25/2008:  Jurist reports that Yemeni security officials have been arresting and detaining hundreds in its campaign against the northern Huthi rebels.  Those who have been "disappeared" typically return weeks or months later, being released from the Political Security Organization - the intelligency body linked to Yemen's president.  Some have been missing for over a year.

U.S. sanctions foreign companies for arms sales

10/25/2008:  The New York Times reports that the State Department has sanctioned 13 "foreign persons", largely from Russia, China, and Venezuela for violating the Iran, North Korea, and Syria Nonproliferation Act.  The sanctions ban the sale of arms technology from American companies.  The Washington Post discusses the sanctions against one Russian exporter in particular here.

Detainee Treatment Act said to retain some value

10/24/2008:  SCOTUSBlog discusses the Detainee Treatement Act (DTA) arguing that as the Supreme Court and Congress have not abandoned the DTA, the D.C. District Court should not consider such a course of action.  The lawyers to Guantanamo detainees in the case of Bismullah v. Gates were trying to prevent the government from bypassing civilian court review of the military detentions.

Serb pleads guilty to crimes against humanity in Srebrenica; gets 6 years

10/24/08: BalkanInsight reports that Vaso Todorovic has pled guilty to crimes against humanity and been sentenced to six years in prison for his role in the massacres at Srebrenica in 1995.  The Court of Bosnia and Herzegovina refused to accept his argument that he was intimidated by his superiors into participating.  Serbia extradited him to Bosnia and Herzegovina on April 8, 2008.

Bosnian court sentences Bosnian Serb to 7 years for crimes against humanity

10/24/08: BalkanInsight reports that a Bosnian court has found Bosnian Serb Marko Samardzija guilty of crimes against humanity sentenced him to seven years in prison for his role in the deaths of 50 civilians in 1992.  This was a retrial after an appeals court overturned a previous sentence of 26 years.

Burundian military court sentences intelligence officer to death for killings

10/24/2008:  Jurist reports that a Burundian military court has sentenced a colonel to death for his role in the murders of 31 civilians who had been detained in 2006 for interrogation by Burundi's intelligence services.  Human rights groups have repeatedly criticized Burundi for not prosecuting its own military for war crimes in the past.

Pentagon files war crime charges against two Kuwaitis at Guantanamo

10/23/2008:  The Miami Herald and Jurist report that the Pentagon has filed charges against two Kuwaiti detainees at Guantanamo for providing material support to terrorists and conspiracy.  The defendants face sentences of life in prison, and their cases are said to be the longest running before the D.C. District Court at seven years.  The defendants deny the charges claiming that they were in Afghanistan doing charity work.

Commentary: The Silver Lining of Indefinite Detention

10/23/08: CNSL Fellow Matthew Gerke argues that in some cases allowing indefinite detention and harsh interrogation methods may actually be beneficial to detainees by making military detention an attractive alternative to killing insurgents in the field.

New UN Security Council rotating members

10/23/08: World Politics Review discusses the recent election of Austria, Japan, Mexico, Turkey, and Uganda to two-year terms on the 15-member UN Security Council. The terms begin January 1, 2009.

DHS to add seven new countries to the Visa Waiver Program

10/22/08: President Bush announced that seven countries - the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, and South Korea - will be added to the visa waiver program. Admission to the program will allow each country's citizens to begin traveling to the US visa-free. US citizens have traveled visa-free to each of the seven newly admitted countries for years.

Spanish court frees terror suspects

10/22/08: CNN reports that a Spanish judge has released most of the 12 alleged Islamic terrorists he ordered arrested last week because there is not enough evidence to hold them.

Terrorist attack victims and victims' families will be allowed to attend military commission proceedings at Guantanamo

10/21/08: War on Terror blog reports that victims of terrorist attacks and relatives of individuals lost to terrorist attacks will be able to attend military commission proceedings at Guantanamo.

U.S. Congress holds hearing on pros and cons of establishing US domestic intelligence agency

10/21/08: CNN reports that yesterday, at the request of Congress, the RAND corporation outlined the pros and cons of establishing a US domestic intelligence agency. The report, which makes no recommendations, describes two frameworks for creating such an agency - either a stand-alone institution that would absorb elements of the FBI, Homeland Security, and other elements of the intelligence community, or an "agency within an agency."

Former ecoterrorist sentenced to nine years in prison

10/21/08: The New York Times reports that former environmental activist Stephen Ambrose was sentenced to nine years in prison for conspiring to set fire to and blow up the Agriculture Hall at Michigan State University in 1999. Ambrose intended the act to protest the use and creation of genetically modified crops.

Update: House of Lords enters final committee stages of discussion on counter-terrorism 2008 bill

10/20/08: Spyblog critiques the UK's counter-terrorism 2008 bill, now in its final stages of debate before the House of Lords.

Call for papers: "National security advice to the new administration"

10/19/08: The Institute for National Security and Counterterrorism invites the submission of papers for its program "national security advice to the new administration," which solicits authors to submit scholarly papers that make practical policy recommendations on national security issues for the incoming administration. There is no submission deadline, though authors are advised to submit their papers before the end of the 2008-09 academic year. HT to National Security Advisors.

Update: Enemy combatant and Guantanamo detainee trials move forward

10/19/08: SCOTUSblog reports that by Thursday the government is expected to file its response to the cert petition for al-Marri v. Pucciarelli, a habeas challenge by the only designated "enemy combatant" held on U.S. soil. 

10/19/08: On Friday, lawyers for a group of Guantanamo detainees will likely respond to the government's en banc rehearing petition in Bismullah v. Gates, which addresses the scope of the D.C. Circuit's power to review military detention decisions made by Combatant Status Review Tribunals.

New Department of Defense directive mandates military supervision of interrogations

10/17/08:  Jurist reports that a Department of Defense directive released October 9  mandates military supervision of intelligence interrogations and other questioning conducted by US government agencies, foreign governments, and contractors.

Commentary: The Commander in Chief's Signature

10/17/08: Georgetown Law Professor Marty Lederman discusses why the news that the White House signed off on enhanced interrogation tactics in writing is important (or not).

Telecoms could continue to serve as intelligence watchdogs

10/17/08: Wired discusses a recent California Law Review Article by UCLA law professor Jon Michaels that argues telecom companies could continue to work productively with intelligence agencies if the telecoms report regularly to Congress on their work for the agencies.

Chile Supreme Court sentences Pinochet officers

10/17/08 Jurist reports that a Chile Supreme Court sentenced five Pinochet-era military officers for their role in orchestrating the killing of five leftist political opponents as part of the so-called "Carvan of Death" killings in October 1973.

Pentagon releases update on FOIA policy

10/17/08 The Federation of American Scientists reports that the Department of Defense released this week an update to its FOIA policy that denies the withholding of unclassified information in a classified document, unless that unclassified information in the aggregate would lead to the disclosure of classified information.

Bush administration issues signing statement with FY 09 National Defense Authorization Act

10/16/08: The American Forces Press Service reports that the Bush administration has issued a signing statement with the National Defense Authorization Act for Fiscal Year 2009, which was enacted yesterday. The statement asserts the President's intention to construe executive branch restrictions contained in the Act "in a manner consistent with the constitutional authority and obligations of the president." The Act had placed restrictions on the Administration's capacity to invest in long-term infrastructure in Iraq, or enter into agreements with the Iraqi government.

Secret memos by Bush administration approved CIA interrogation methods

10/15/08: The Washington Post reports that the Bush administration approved the CIA's use of "enhanced" interrogation techniques through a pair of classified memos issued in 2003 and 2004. The memos were sent to the CIA after former Director George Tenet expressed concerns that the administration had not provided written cover for the interrogation tactics used against al-Qaeda suspects.

The ACLU issued a release claiming that the memos supply further evidence of the Bush administration's express endorsement of controversial CIA interrogation methods.

Event: CFR LIVE WEBCAST: Symposium on International Law and Justice: Evolving Norms and U.S. Responses

10/15/08: The Council on Foreign Relations is hosting a live webcast on October 17, from 1.00-5.15 pm. Please see their website for information on how to register. For information on more events, see our calendar.

Event: Cyber-Crime and Cyber-Terrorism: No Silver Bullet Solution

10/15/08: Counterterrorism Blog reports that there will be a public event tomorrow titled: "Cyber-Crime and Cyber-Terrorism: No Silver Bullet Solution."  The event will be held in the Senate Russell Building, Room 188, in Washington, DC. The panel will begin at 12 noon. Counterterrorism Blog has directions for how to RSVP on their website. For information on more events, see our calendar.