01/27/12: The Blog of Legal Times reports that the US Justice Department has asked a federal judge to keep secret photos showing the death of Osama bin Laden, saying the images are classified because of their potential to incite violence against the United States. The department filed court papers this week in a FOIA suit in Washington asking US District Judge James Boasberg to keep the photos out of the public domain. The DOJ asserts the photos reveal specific military and intelligence activities, methods and techniques.
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01/27/12: Homeland Security Watch features commentary by Philip J. Palin concerning the administration’s new National Strategy for Global Supply Chain Security. Palin contends this is an easy issue to underestimate. Like the plumbing in your house, it tends not to be at the forefront until something goes wrong: leaking, freezing, breaking, bursting, or when the well goes dry. He shares his brief quick take on context and potential implications of the new strategy.
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01/25/12: The Washington Post reports that the Obama administration is considering the repatriation of most, if not all, of the non-Afghan detainees held at the main American-run prison in Afghanistan, an effort to oversee their transfer before US officials relinquish control of the facility, according to administration officials. The foreign prisoners, who number close to 50, were in some cases picked up on the battlefield in Afghanistan and in others detained in third countries and taken to the prison by the CIA, according to US and foreign officials.
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01/23/12: Opinio Juris features a piece by John C. Dehn concerning Newsweek’s report that the Obama administration is finally going to reveal a bit more about its legal authority to target and kill US citizens (in armed conflict or national self-defense) without a prior judicial adjudication. After a prolonged internal debate, reportedly pitting the State and Defense Departments’ head lawyers against others on the President’s national security team, the Attorney General may soon provide details in a public statement. The time and place of that statement is still unclear or undetermined.
Continue reading "Commentary: Did international law motivate the “capture-if-feasible” element of the Awlaki legal opinion?" »
01/23/12: The Washington Times reports that Pakistan's army on Monday formally rejected a US claim that American airstrikes that killed 24 Pakistani troops last year were justified as self-defense, a stance that could complicate efforts to repair the troubled but vital relationship between the two countries. In a detailed report, the army said that Pakistani troops did not trigger the November 26 incident at two posts along the Afghan border by firing at American and Afghan forces, as the US has alleged. Pakistan's army said its troops shot at suspected militants who were nowhere near coalition troops.
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12/31/11: ABC News reports that Somalis caught off guard when more than a dozen Minnesota businesses stopped accepting wire transfers said Friday they were scrambling to find a way to get money to relatives in East Africa and options mentioned by the US Treasury weren't realistic. Somalis in the US use the businesses, known as hawalas, to send money to relatives in the famine-stricken nation and nearby refugee camps because Somalia hasn't had a functioning government since 1991 and has no banking system.
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12/29/11: The Washington Post reports that the Obama administration on Thursday announced an arms deal with Saudi Arabia valued at nearly $30 billion, an agreement that will send 84 F-15 fighter jets and assorted weaponry to the kingdom. The administration notified Congress last year of its intent to sell the advanced jets to Saudi Arabia, a key US ally in the Middle East and a strategic bulwark against Iran. The final agreement — which also includes the modernization of 70 existing aircraft as well as munitions, spare parts, training and maintenance — comes at a time of increased tensions in the Persian Gulf.
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12/24/11: The New York Times reports that President Obama signed the defense authorization bill on Friday. When doing so, he also issued a signing statement claiming a right to bypass dozens of provisions that placed requirements or restrictions on the executive branch, saying he had “well-founded constitutional objections” to the new statutes. Among them, he singled out two sections barring the use of money to transfer prisoners from the naval base at Guantánamo Bay, Cuba, into the United States and limiting the ability of the government to transfer them to the custody or control of foreign countries.
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12/17/11: Politico reports that The US handed over to the Iraqi government on Friday a Lebanese man accused of killing American soldiers in Iraq, Ali Musa Daqduq. The move by President Barack Obama helps ease the US effort to withdraw from Iraq by the end of the year, but the decision to turn Daqduq immediately drew harsh criticism from lawmakers who want the alleged Hezbollah operative to stand trial before a military commission. A White House spokesman, Tommy Vietor, said President Barack Obama agreed that Daqduq should be tried by a military tribunal.
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12/12/11: The Washington Post reports that with the US troop withdrawal from Iraq in its final days, President Barack Obama and Iraqi Prime Minister Nouri al-Maliki will meet at the White House Monday to discuss the next phase of the relationship between their countries. While Obama and al-Maliki have pledged to maintain strong ties, the contours of the partnership between Washington and Baghdad remain murky, especially with Iran eager to assert influence over neighboring Iraq. And serious questions remain about Iraq’s capacity to stabilize both its politics and security. Iraqi leaders have said they want US military training help for their security forces but have been unable to agree on what type of help they’d like or what protections they would be willing to give American trainers.
Continue reading "As last US troops leave Iraq, Obama and al-Maliki chart next steps in relationship" »
Commentary: British Court of Appeal decision implicitly repudiates Goldsmith memo
12/20/11: Opinio Juris features commentary by Kevin Jon Heller concerning the Court of Appeal judgment ordering the UK government to seek the release of Yunus Rahmatullah, an alleged member of Lashkar-e-Taiba who has been detained at Bagram since 2004, from US custody. What is particularly interesting about the decision is that it directly — though implicitly — rejects a little-known memo written by Jack Goldsmith while he was at the Office of Legal Counsel, in which he argued that “operatives of international terrorist organizations” were not “protected persons” for purposes of Article 49 of the Fourth Geneva Convention, which provides that “[i]ndividual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of motive.”
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December 20, 2011 at 02:03 PM in Judiciary / Cases, Executive Branch, International Law / Law of War / Human Rights, Detainees / Guantanamo, Europe / Eurasia, Commentary / Opinion | Permalink