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>


What Will become of the Foreign Detainees Held in the Bagram Airbase in Afghanistan?

What Will become of the Foreign Detainees Held in the Bagram Airbase in Afghanistan?

Following the September 9,2012 detainee transfer into Afghan custody the United States continues to hold 50 non-Afghan detainees in the American-controlled facility in Bagram and that number may increase.[1] The 50 men are accused of being “Al-Qaeda militants” and are from “Pakistan, Arab countries and Central Asia.”[2] U.S. officials do not wish to comment on whether they were caught in Afghanistan or elsewhere.[3]

These men are not covered <Read More>



Article 98: International Criminal Court Jurisdiction over Persons from the United States in Afghanistan

October 2011

When the United States invaded Afghanistan in 2001, the stated focus was to remove Al-Qaeda’s safe haven and diminish its use of the Afghan territory as a base of operations for anti-U.S. terrorist activities. As the years have progressed, and the fighting in Afghanistan continued, people around the world have started to wonder who will be held accountable for war crimes committed in Afghanistan, and how?

To answer this question, we must first look at current international law to understand <Read More>


International Law

By Co-Author Kathryn Gottschalk

1. International Humanitarian Law
2. Human Rights Law
3. Current Issues in International Humanitarian Law and Human Rights
4. Geneva Convention III
5. Geneva Convention IV
6. Additional Protocols to the Geneva Conventions
7. Common Article 3
8. Executive Order 13491
9. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
10. Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
11. Universal Declaration of Human Rights
12. International Bill of Human Rights
13. International Convention on Civil and <Read More>