US Detainee Transfers: What Responsibilities Does the US Have When Presented with the Risk of Torture in Afghan Prisons?

As recently reported by Mike Yang Zhang,[1] a United Nations report released on January 20, 2013 revealed “systematic torture” in many Afghan-controlled detention facilities.[2] Shortly after the U.N. report was released, a delegation was assigned by President Karzai to investigate the allegations of torture.[3] After a two-week investigation, the government panel “acknowledged widespread torture of detainees.”[4] The U.N. report proposed recommendations for eliminating these instances of torture, not only to the government of Afghanistan, but also to “Troop Contributing Countries.”[5] <Read More>


Immunity for U.S. Troops and Detention in Afghanistan

The ongoing negotiations between the United States and Afghanistan regarding the future U.S. military presence in Afghanistan revolve around the crucial issue of immunity of American soldiers from prosecution.[1] The issue of immunity actually stems back directly to the March 2012 Memorandum of Understanding (MoU),[2] an agreement that required the United States to transfer its Afghan detainees to the control of the government of Afghanistan.

The issue of immunity has been historically important to the U.S. military. Traditionally, the U.S. negotiates <Read More>