Secretary of State for Foreign & Commonwealth Affairs v. Rahmatullah

In October, 2012 the Supreme Court of the United Kingdom considered whether a detainee captured by British troops and handed over to the military forces of the United States in Iraq may be returned by habeas writ to the U.K.[1] The detainee could not be produced by writ of habeas corpus, the court concluded, as the U.K. no longer exercised sufficient control over the prisoner.[2]

In 2004, British forces detained Yunus Rahmatullah, a Pakistani citizen, in a region <Read More>


When Are Afghan Detainees Captured After March 9, 2012 Being Transferred? Part II

Part II- The U.S. Point of View and Multiple Interpretations of the MoU

In Part I, I discussed the signing of the MoU and the response of Afghan officials to the issue of detainees captured after March 9, 2012. Now, let us turn to the position of U.S. and allied officials.  The fact is that the U.S. continues to “process a steady stream of prisoners caught in night raids,”[1] and the U.S. <Read More>


When Are Afghan Detainees Captured After March 9, 2012 Being Transferred? Part I

When Are Afghan Detainees Captured After March 9, 2012 Being Transferred?

This two-part report will focus on Afghan detainees who have been captured and held in U.S. custody after the signing of the Memorandum of Understanding, and have yet to be transferred to Afghan control. Part I will provide some contextual information, as well as the various views of Afghan officials. Part II will focus on U.S. and allied <Read More>


Al Maqaleh Revisited: Has Anything Changed?

Part III

Al Maqaleh Revisited: Has Anything Changed?

In Part II I explored the application of habeas outside the U.S. to foreigners in Boumediene and Al Maqaleh. The Al Maqaleh court ended up deciding habeas does not apply to the detainees in Bagram. But the circuit court’s decision in Al Maqaleh did not mark the end of the road for the Bagram detainees in court.

A new claim was made in the U.S. District Court for the District of Columbia on April 4, <Read More>


Boumediene and Al Maqaleh: The Application of Habeas to Foreigners Outside the U.S.

Part II

 Boumediene and Al Maqaleh: The Application of Habeas to Foreigners Outside the U.S.

With a right to habeas the foreign detainees in Afghanistan would have a chance to challenge their detention in court, and have a greater chance of avoiding indefinite detention. However habeas rights are not always guaranteed to foreigners held by the U.S. outside our borders.

The Supreme Court addressed the availability of habeas corpus (a constitutional right to challenge the legitimacy of one’s detention) outside the U.S. in <Read More>