This Congressional Reseach Service report briefly summarizes the legal issues raised by the choice of forum for trying accused terrorists, and provides a chart comparing selected military commissions rules under the Military Commissions Act to the corresponding rules that apply in federal court.
Guantanamo Bay, where hundreds of terror suspects have been detained since 9/11, has underscored the need for flexibility and careful balancing in detainee policy to confront twenty-first-century threats, writes CFR's Matthew Waxman.
The Supreme Court's upholding of bans on "material support" for foreign terror groups, even involving legal activities, reflects a further post-9/11 broadening of federal powers, writes CFR's Matthew C. Waxman.
The Times Square bomb plot has triggered questions about when and whether suspect Faisal Shahzad, a Pakistan-born American citizen, should have been informed of his Miranda rights. These questions are likely to gain traction in the weeks ahead, says expert Matthew C. Waxman, who believes it would be wrong to treat all captured terrorists as enemy combatants subject to military trial.
President Obama's decision to transfer Guantanamo inmates to an Illinois prison could speed closure of the facility, but the move has raised both security and civil liberties concerns.
President Obama wants to house some Guantanamo detainees in an Illinois prison. But bringing the detainess to the U.S. will likely broaden their legal rights. 'How much?' is the unanswered question.
Speakers discuss the decision by the Obama administration to try Khalid Sheikh Mohammed-- the alleged mastermind behind the 9/11 attacks and self-confessed organizer behind numerous other terrorist plots--and his co-conspirators in federal court in New York City.
The Obama administration's decision to try accused 9/11 mastermind Khalid Sheik Mohammed in New York but other accused terrorists by military commission will revive debate over Guantanamo Bay and the laws of war, says CFR's Matthew Waxman.
This academic module features teaching notes by author Ashley S. Deeks for the Council Special Report Avoiding Transfers to Torture, along with additional resources to supplement the text. In this report, Ms. Deeks addresses the dilemma that occurs when the United States obtains assurances that released detainees will not be tortured by their home countries upon return, guarantees that are an important tool for dealing with dangerous suspects.
The Justice Department's decision to review past CIA interrogation tactics may be legally justified, but Burton Gerber, a former CIA station chief, says the move could have a chilling and detrimental impact on the nation's counterterrorism efforts.
The U.S. attorney general's decision to conduct a preliminary review of past CIA interrogations awakens spirited debate over the scope of the intelligence community's counterterrorism practices.
CFR's John B. Bellinger III, who served as legal adviser to the former Secretary of State Condoleezza Rice, says while President Obama has emphasized an approach to closing Guantanamo "that's deeply grounded in American values," he has left the door open to continued criticism.
CFR's Marisa L. Porges says the mounting political debate over the transfer of Guantanamo Bay detainees underscores the steep challenges President Barack Obama faces in closing the camp within a one-year timeline.
The Council on Foreign Relations' David Rockefeller Studies Program—CFR's "think tank"—is home to more than seventy full-time, adjunct, and visiting scholars and practitioners (called "fellows"). Their expertise covers the world's major regions as well as the critical issues shaping today's global agenda. Download the printable CFR Experts Guide.
The author analyzes the potentially serious consequences, both at home and abroad, of a lightly overseen drone program and makes recommendations for improving its governance.