Persons detained by the U.S. at the Detention Facility in Parwan (DFIP), also known as Bagram, may pose a continuing threat to our security. But the nature of that threat, and how the U.S. plans to mitigate it past 2014, are unknown. Before the U.S. repatriates detainees, it requires security assurances from the host nation. The specifics of the security assurances are largely unknown, and likely changing. But they may be a deciding factor in determining whether the U.S. is <Read More>
In an effort to capture enemy combatants during the War on Terror the United States implemented a bounty program offering monetary rewards for information on, or the surrender of, possible enemy combatants. The bounty system has been beneficial in bringing forward actionable information against enemy combatants because it has functioned as a strong motivator, but that may also have led to the detention of innocent civilians at both Guantanamo Bay and Bagram Airbase. Turning over individuals to U.S. troops was <Read More>
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>