International Law Blog Postings
Archives for: March 2009, 14
Guantanamo: What's Next for Detainees?
Three events occurred this week that will impact the future of Guantanamo detainees. The first occurred on Monday, when top officials in the Obama administration held the first meeting of the Guantanamo Detainee Review Task Force to review options for closing Guantanamo without compromising national security and foreign policy interests. Then, on Tuesday, a military judge accepted guilty pleas from five of the detainees, defying President Obama's executive order to halt military commission proceedings pending the task force's report and an executive decision on the next steps. Yesterday, in a filing in U.S. District Court in Washington, D.C., lawyers with the Obama administration abandoned the use of the term "enemy combatant" and advocated for a "new standard" to authorize indefinite detentions at Guantanamo. The Justice Department argued that the President may lawfully authorize the detention of individuals who "substantially supported" al-Qaeda, the Taliban, or perpetrators of the 9/11 attacks pursuant to statutory authority granted by Congress in 2001, as informed by the international laws of war. Civil rights advocates were unimpressed with the government's proclaimed higher legal standard, calling the wording "old wine in new bottles." These three events stem from the larger, unresolved problem: What legal options are on the table for the continued detention, prosecution, transfer, release, or other disposition of the detainees and future non-state actors who commit crimes against U.S. interests?
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Legal News Headlines
Return of the StateThis article is the extended address by José E. Alvarez, the Herbert and Rose Rubin Professor of International Law at New York University School of Law, at the University of Minnesota Law School's conference on "International Economic Law in a Time of Change." Alvarez relects upon and rebuts a collection of papers on supra-nationalism presented at the conference. He argues that states, as sovereign entities, are making a comeback. The full-text is available online for free.
Whither Justice? Uganda and Five Years of the International Criminal Court Michael Drexler argues that the International Criminal Court is pursuing an inappropriate engagement strategy in Uganda by ignoring the impacts of criminal prosecution and investigation on the prospects for peace to the country's decades-long conflict. It is published by the peer-reviewed Interdisciplinary Journal of Human Rights Law (IJHRL) and is available online for free.


