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Military Law Review, Volume 227, Issue 3, 2019
Volume 227 Issue 3 2019 ACADEMIC JOURNAL 27-100-227-3 Mංඅංඍൺඋඒ Lൺඐ Rൾඏංൾඐ Aඋඍංർඅൾඌ Fൾൾඅංඇ Sඈ Fඅඒ Lංൾ ൺ C12 (ඈඋ Mൺඒൻൾ ൺ UC35, Dൾඉൾඇൽංඇ ඈඇ Aඏൺංඅൺൻංඅංඍඒ): A Pඋංආൾඋ MILITARY LAW REVIEW LAW MILITARY ඈඇ Uඍංඅංඓංඇ MILAIR ൿඈඋ Oൿൿංർංൺඅ Tඋൺඏൾඅ Major Joshua J. Tooman Kൾൾඉංඇ Cඈආආංඍආൾඇඍඌ: A Bൺඅൺඇർൾൽ Aඉඉඋඈൺർඁ ඍඈ Tൾඋආංඇൺඍංඈඇ ൿඈඋ Cඈඇඏൾඇංൾඇർൾ Major Justin Hess Sඎൻඌඍൺඇඍංඏൾ Tൾർඁඇංർൺඅංඍංൾඌ: Uඇൽൾඋඌඍൺඇൽංඇ ඍඁൾ Lൾൺඅ Fඋൺආൾඐඈඋ ඈൿ Hඎආൺඇංඍൺඋංൺඇ Aඌඌංඌඍൺඇർൾ ංඇ Aඋආൾൽ Cඈඇൿඅංർඍඌ Tඁඋඈඎඁ ඍඁൾ Pඋൾඌർඋංඉඍංඈඇ ඈൿ Tൾർඁඇංർൺඅ Aඋඋൺඇൾආൾඇඍඌ Major Tzvi Mintz Aඎඌඍඋൺඅංൺ’ඌ Wൺඋ Cඋංආൾ Tඋංൺඅඌ 1945-51 VOLUME 227 • 2019 Reviewed by Fred L. Borch III Academic Journal 27-100-227-3 Military Law Review Volume 227 Issue 3 2019 CONTENTS Articles Feeling So Fly Like a C12 (or Maybe a UC35, Depending on Availability): A Primer on Utilizing MILAIR for Official Travel Major Joshua J. Tooman 219 Keeping Commitments: A Balanced Approach to Termination for Convenience Major Justin Hess 252 Substantive Technicalities: Understanding the Legal Framework of Humanitarian Assistance in Armed Conflicts Through the Prescription of Technical Arrangements Major Tzvi Mintz 275 Australia’s War Crimes Trials 1945-51 Reviewed by Fred L. Borch III 320 i Headquarters, Department of the Army, Washington, D.C. Academic Journal No. 27-100-227-3, 2019 Military Law Review Volume 227 Issue 3 Board of Editors Colonel Randolph Swansiger Dean, The Judge Advocate General’s School Lieutenant Colonel Edward C. -
Detainee Assessment
S E C R E T / / NOFORN / / 20330609 DEPARTMENT OF DEFENSE HEADQUARTERS, JOINT TASK FORCE GUANTANAMO U.S. NAVAL STATION, GUANTANAMO BAY, CUBA APO AE 09360 JTF-GTMO-CDR 9 June 2008 MEMORANDUM FOR Commander, United States Southern Command, 3511 NW 9lst Avenue, Miami, FL 33172 SUBJECT: Recommendation for Continued Detention Under DoD Control (CD) for Guantanamo Detainee, ISN US9PK-001460DP (S) JTF-GTMO Detainee Assessment 1. (S//NF) Personal Information: ○ JDIMS/NDRC Reference Name: Abdul Rabbani Abu Rahman ○ Current/True Name and Aliases: Abdul Rahim Gulam Rabbani, Abu Rahim Moulana Gulam Rabbani, Khalid al- Pakistan, Sayyid Amin, Abu Rahama ○ Place of Birth: Mecca, Saudi Arabia (SA) ○ Date of Birth: 1969 ○ Citizenship: Pakistan (PK) ○ Internment Serial Number (ISN): US9PK-00001460DP 2. (U//FOUO) Health: Detainee is in overall good health. 3. (U) JTF-GTMO Assessment: a. (S) Recommendation: JTF-GTMO recommends this detainee for Continued Detention Under DoD Control (CD). JTF-GTMO previously recommended detainee for Continued Detention Under DoD Control (CD) on 9 August 2007. b. (S//NF) Executive Summary: Detainee admitted working directly for Khalid Shaykh Muhammad, ISN US9KU-010024DP (KU-10024), as an al-Qaida facilitator from early 2000 to September 2002. Detainee’s duties included managing several Karachi, Pakistan (PK),safe houses. Detainee had direct access with many high-level al-Qaida members, CLASSIFIED BY: MULTIPLE SOURCES REASON: E.O. 12958, AS AMENDED, SECTION 1.4(C) DECLASSIFY ON: 20330609 S E C R E T / / NOFORN / / 20330609 Downloaded from The Rendition Project www.therenditionproject.org.uk Source: the New York Times S E C R E T / / NOFORN / / 20330609 JTF-GTMO-CDR SUBJECT: Recommendation for Continued Detention Under DoD Control (CD) for Guantanamo Detainee, ISN US9PK-001460DP (S) including Usama Bin Laden (UBL); Ayman al-Zawahiri; Muhammad Atef, aka (Abu Hafs al-Masri); and Nashwan Abd al-Razzaq Abd al-Baqi, aka (Abdul Hadi al-Iraqi), ISN US9IZ- 010026DP (IZ-10026). -
\\Crewserver05\Data\Research & Investigations\Most Ethical Public
Stephen Abraham Exhibits EXHIBIT 1 Unlikely Adversary Arises to Criticize Detainee Hearings - New York Times http://www.nytimes.com/2007/07/23/us/23gitmo.html?pagewanted=print July 23, 2007 Unlikely Adversary Arises to Criticize Detainee Hearings By WILLIAM GLABERSON NEWPORT BEACH, Calif. — Stephen E. Abraham’s assignment to the Pentagon unit that runs the hearings at Guantánamo Bay, Cuba, seemed a perfect fit. A lawyer in civilian life, he had been decorated for counterespionage and counterterrorism work during 22 years as a reserve Army intelligence officer in which he rose to the rank of lieutenant colonel. His posting, just as the Guantánamo hearings were accelerating in 2004, gave him a close-up view of the government’s detention policies. It also turned him into one of the Bush administration’s most unlikely adversaries. In June, Colonel Abraham became the first military insider to criticize publicly the Guantánamo hearings, which determine whether detainees should be held indefinitely as enemy combatants. Just days after detainees’ lawyers submitted an affidavit containing his criticisms, the United States Supreme Court reversed itself and agreed to hear an appeal arguing that the hearings are unjust and that detainees have a right to contest their detentions in federal court. Some lawyers say Colonel Abraham’s account — of a hearing procedure that he described as deeply flawed and largely a tool for commanders to rubber-stamp decisions they had already made — may have played an important role in the justices’ highly unusual reversal. That decision once again brought the administration face to face with the vexing legal, political and diplomatic questions about the fate of Guantánamo and the roughly 360 men still held there. -
Guantanamo Bay and the Conflict of Ethical Lawyering
Volume 117 Issue 2 Dickinson Law Review - Volume 117, 2012-2013 10-1-2012 Guantanamo Bay and the Conflict of Ethical Lawyering Dana Carver Boehm Follow this and additional works at: https://ideas.dickinsonlaw.psu.edu/dlra Recommended Citation Dana C. Boehm, Guantanamo Bay and the Conflict of Ethical Lawyering, 117 DICK. L. REV. 283 (2012). Available at: https://ideas.dickinsonlaw.psu.edu/dlra/vol117/iss2/2 This Article is brought to you for free and open access by the Law Reviews at Dickinson Law IDEAS. It has been accepted for inclusion in Dickinson Law Review by an authorized editor of Dickinson Law IDEAS. For more information, please contact [email protected]. I Articles I Guantanamo Bay and the Conflict of Ethical Lawyering Dana Carver Boehm* ABSTRACT The Guantanamo Bay military commissions have been the subject of intense national and international debate since they were announced months after the September 1 lth attacks. This important debate largely has focused on the perennial tension between liberty and security on the one hand and the somewhat technical legal questions regarding the constitutionality of prescribed procedures on the other. As significant as these issues are, the discussion generally has ignored an element of the military commissions that profoundly shapes how national security, civil liberties, and the experience of criminal justice actually occurs: the way that lawyers charged with prosecuting and defending these cases pursue their professional duties as lawyers. This Article considers the unique institutional identities, organizational context, ethical obligations, and professional incentives of * Dean's Scholar and Visiting Researcher, Center on National Security and the Law, Georgetown University Law Center. -
Military Law Review
Volume 204 Summer 2010 ARTICLES LEAVE NO SOLDIER BEHIND: ENSURING ACCESS TO HEALTH CARE FOR PTSD-AFFLICTED VETERANS Major Tiffany M. Chapman A “CATCH-22” FOR MENTALLY-ILL MILITARY DEFENDANTS: PLEA-BARGAINING AWAY MENTAL HEALTH BENEFITS Vanessa Baehr-Jones PEACEKEEPING AND COUNTERINSURGENCY: HOW U.S. MILITARY DOCTRINE CAN IMPROVE PEACEKEEPING IN THE DEMOCRATIC REPUBLIC OF THE CONGO Ashley Leonczyk CONSISTENCY AND EQUALITY: A FRAMEWORK FOR ANALYZING THE “COMBAT ACTIVITIES EXCLUSION” OF THE FOREIGN CLAIMS ACT Major Michael D. Jones WHO QUESTIONS THE QUESTIONERS? REFORMING THE VOIR DIRE PROCESS IN COURTS-MARTIAL Major Ann B. Ching CLEARING THE HIGH HURDLE OF JUDICIAL RECUSAL: REFORMING RCM 902A Major Steve D. Berlin READ ANY GOOD (PROFESSIONAL) BOOKS LATELY?: A SUGGESTED PROFESSIONAL READING PROGRAM FOR JUDGE ADVOCATES Lieutenant Colonel Jeff Bovarnick THE FIFTEENTH HUGH J. CLAUSEN LECTURE IN LEADERSHIP: LEADERSHIP IN HIGH PROFILE CASES Professor Thomas W. Taylor BOOK REVIEWS Department of Army Pamphlet 27-100-204 MILITARY LAW REVIEW Volume 204 Summer 2010 CONTENTS ARTICLES Leave No Soldier Behind: Ensuring Access to Health Care for PTSD-Afflicted Veterans Major Tiffany M. Chapman 1 A “Catch-22” for Mentally-Ill Military Defendants: Plea-Bargaining away Mental Health Benefits Vanessa Baehr-Jones 51 Peacekeeping and Counterinsurgency: How U.S. Military Doctrine Can Improve Peacekeeping in the Democratic Republic of the Congo Ashley Leonczyk 66 Consistency and Equality: A Framework for Analyzing the “Combat Activities Exclusion” of the Foreign Claims Act Major Michael D. Jones 144 Who Questions the Questioners? Reforming the Voir Dire Process in Courts-Martial Major Ann B. Ching 182 Clearing the High Hurdle of Judicial Recusal: Reforming RCM 902A Major Steve D. -
DETAINEE FACT SHEET: Abdul Hadi Al Iraqi/Nashwan Al Tamir Born in February 1961 in Mosul, Iraq
The Librarian as Watchdog: One Librarian’s Experiences as an International Observer at Guantánamo Larissa Sullivant, [email protected] DETAINEE FACT SHEET: Abdul Hadi al Iraqi/Nashwan al Tamir Born in February 1961 in Mosul, Iraq. Fled Iraq for Afghanistan after Hussein’s invasion of Kuwait. Has an Afghan wife, 4 children in his adopted homeland of Afghanistan, and family back in Iraq. Captured in Turkey in October 2006 by CIA. Held for 170 days by the CIA at an unidentified cite; allegedly was not subjected to the Enhanced Interrogation Techniques. Brought to Guantánamo in April 2007. The only known professionally trained soldier (in Saddam Hussein’s army) to go before the Military Commissions. Charged in June 2014 with denying quarter, attacking protected property, using treachery or perfidy in a series of attacks in Afghanistan and Pakistan between about 2003 and 2004; if convicted, could face life in prison. Has had 5 surgeries for degenerative disc disease since September 2017 and suffers from chronic back pain and muscle spasms as a result. Hadi is currently held with the 15 other 'High Value Detainees' at Camp 7, the location of which remains top secret. He has two cells there; one has been adapted to meet his medical needs, the other is unmodified. Hadi’s defense team has changed five times. At the time of my visit to Guantánamo, Hadi’s defense team was Pentagon-paid defense attorneys Susan Hensler, Lt Charles D. Ball III, and Lt Dahoud A. Askar. The judges presiding over his court proceedings have changes three times. His trial has been scheduled to begin in February 2020. -
The European Angle to the U.S. Terror Threat Robin Simcox | Emily Dyer
AL-QAEDA IN THE UNITED STATES THE EUROPEAN ANGLE TO THE U.S. TERROR THREAT Robin Simcox | Emily Dyer THE EUROPEAN ANGLE TO THE U.S. TERROR THREAT EXECUTIVE SUMMARY • Nineteen individuals (11% of the overall total) who committed al-Qaeda related offenses (AQROs) in the U.S. between 1997 and 2011 were either European citizens or had previously lived in Europe. • The threat to America from those linked to Europe has remained reasonably constant – with European- linked individuals committing AQROs in ten of the fifteen years studied. • The majority (63%) of the nineteen European-linked individuals were unemployed, including all individuals who committed AQROs between 1998 and 2001, and from 2007 onwards. • 42% of individuals had some level of college education. Half of these individuals committed an AQRO between 1998 and 2001, while the remaining two individuals committed offenses in 2009. • 16% of offenders with European links were converts to Islam. Between 1998 and 2001, and between 2003 and 2009, there were no offenses committed by European-linked converts. • Over two thirds (68%) of European-linked offenders had received terrorist training, primarily in Afghanistan. However, nine of the ten individuals who had received training in Afghanistan committed their AQRO before 2002. Only one individual committed an AQRO afterwards (Oussama Kassir, whose charges were filed in 2006). • Among all trained individuals, 92% committed an AQRO between 1998 and 2006. • 16% of individuals had combat experience. However, there were no European-linked individuals with combat experience who committed an AQRO after 2005. • Active Participants – individuals who committed or were imminently about to commit acts of terrorism, or were formal members of al-Qaeda – committed thirteen AQROs (62%). -
Press Release
PRESS RELEASE April 03, 2006 Paper Awaits Court Decision on Guantanamo Detainee By HoldtheFrontPage staff The Argus in Brighton is waiting to hear if its campaign for a fair trial for a local man detained at Guantanamo Bay has been successful. The paper is calling on the Government to intervene in the case of Omar Deghayes, and a judicial review has been held to determine whether Foreign Secretary Jack Straw should be ordered to seek his release. Omar's lawyers argued that the Government has a legal and moral responsibility to step in, but it disagrees as he is not a British citizen. Judgement has been reserved as a decision is expected this week. The Argus took up Omar's fight last year, and delivered a dossier to Home Secretary Charles Clarke. He and his family were granted asylum by the UK Government nearly 20 years ago and his home was in Saltdean, Brighton. The dossier included a letter from The Argus' editor Michael Beard, who said: "We believe Mr Deghayes' continued incarceration by the US breaches Article 10 of the Universal Declaration of the Human Rights which states: Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. "We therefore believe the Government has a duty to lobby the US to charge Mr Deghayes and put him on trial, in accordance with international law, or free him immediately." http://www.cageprisoners.com/articles.php?id=13200 SOURCE: Holdthefrontpage.co.uk Omar Khadr Faces New Hearing BETH GORHAM CANADIAN PRESS Canadian teenager Omar Khadr will once again appear at an American military tribunal this week, even as the U.S. -
Jones-Voir-Dire
Voir DIRE_2 (A.WEISS) (Do Not Delete) 12/5/2013 2:48 PM HASTINGS LAW JOURNAL VOIR DIRE A TRIUMPH OF ILL-CONCEIVED LANGUAGE: THE LINGUISTIC ORIGINS OF GUANTANAMO’S “ROUGH JUSTICE” BRIAN CHRISTOPHER JONES, PHD* The Terror Courts: Rough Justice at Guantanamo Bay. By Jess Bravin. New Haven and London: Yale University Press. 2013. Pp. 1, 440. Cloth, $30. INTRODUCTION “The American story,” Bush said, was “a story of flawed and fallible people, united across the generations by grand and enduring ideals.” “We are not this story’s author, who fills time and eternity with His purpose,” the president continued. “Never tiring, never yielding, never * Postdoctoral Research Fellow, Institutum Iurisprudentiae, Academia Sinica; PhD in Law, University of Stirling (2012). The author wishes to thank the Hastings Law Journal staff for their professionalim and assistance throughout the publication process. [1] Voir DIRE_2 (A.WEISS) (Do Not Delete) 12/5/2013 2:48 PM 2 HASTINGS LAW JOURNAL VOIR DIRE [October 2013 finishing, we renew that purpose today, to make our country more just and generous, to affirm the dignity of our lives and every life.” President George W. Bush, Jan. 20, 20011 Throughout the years, the Naval Base at Guantanamo Bay has witnessed an abundance of intriguing linguistic words and phrases. For example, “Freedom Vanilla” replaced French Vanilla ice cream in the mess hall,2 and the area where journalists and others were often sequestered during their visits to the base was re-named “Camp Justice.”3 The list goes on. However, the language that has had the most significant impact throughout the years has been the words and phrases used in the administration of justice regarding the detainees being held on terrorism charges. -
Salim Abd Al
SECRET // 20330220 DEPARTMENT OF DEFENSE STATES COMMAND HEADQUARTERS , JOINT TASK FORCE GUANTANAMO U.S. NAVAL STATION , GUANTANAMO BAY , CUBA APOAE09360 CUBA JTF- GTMO- CDR 20 February 2008 MEMORANDUMFORCommander, UnitedStates SouthernCommand, 3511NW 91st Avenue, Miami, FL 33172 SUBJECT : Recommendation for Continued Detention Under Control (CD) for Guantanamo Detainee, ISN 000189DP (S) JTF - GTMO Detainee Assessment 1. ( S) Personal Information : JDIMS/ NDRC ReferenceName: RafdatMuhammad Faqi Current/ True Name and Aliases: Salim Abd al- Salam Umran al-Ghuraybi, Luqman al- Libi, Luqman al- Zalaytani Hakim Luqman, Abu Abd al-Rouf Place of Birth: Zletan, Libya (LY) Date ofBirth: 1 March 1961 Citizenship: Libya Internment Serial Number (ISN) : 000189DP 2. (U//FOUO) Health: Detainee is in good health. 3. (U ) JTF-GTMOAssessment: a. (S ) Recommendation : JTF-GTMO recommends this detainee for Continued Detention Under DoD Control (CD) . JTF-GTMO previously recommended detainee for Continued Detention Under Control on 13 July 2007 . b . ( ) Executive Summary Detainee is assessed to be a Libyan Islamic Fighting Group ( LIFG) guesthouse operator and was identified as a former explosives trainer and a veteran jihad fighter . is assessed to have participated inhostilities against US and 1 Analyst Note: The LIFG is a National IntelligencePrioritiesFramework (NIPF) Counterterrorism( CT) Priority 1 Target. Priority 1 targets are defined as Issues, opportunities, or threats that rise to , or are expected to rise to, the level of interest of the President, Vice President, DNI, and NSC/ HSC Principalsand Deputies. This includes CLASSIFIED BY : MULTIPLE SOURCES REASON : E.O. 12958, AS AMENDED , SECTION 1.4 ( C DECLASSIFY ON : 20330220 SECRET NOFORN 20330220 SECRET NOFORN 20330220 JTF - GTMO -CDR SUBJECT : Recommendation for Continued Detention Under DoD Control (CD) for Guantanamo Detainee , ISN 000189DP (S) Coalition forces in UBL’s Tora Bora Mountaincomplex. -
Al-Qa`Ida's Road in and out of Iraq
Foreword The Combating Terrorism Center at West Point (CTC) launched the Harmony Project in order to release and analyze documents from the Department of Defense’s classified Harmony Database. The Harmony Project unearths and releases documents that reveal the inner‐functioning of al‐Qa`ida, its associated movements, and other security threats. Harmony documents released by the CTC are always accompanied by an analytical report, but the primary purpose of this process is to make these primary sources available to other scholars. Rather than the final word, CTC Harmony reports should be considered an invitation to further scholarship. This is the CTC’s fifth major Harmony Report. The first, Harmony and Disharmony: al‐Qa`ida’s Organizational Vulnerabilities, explored ways to introduce doubt and mistrust into al‐Qa`ida’s bureaucracy. The second, al‐Qa`ida’s (mis)Adventures in the Horn of Africa, revealed al‐Qa`ida’s frustrated efforts to infiltrate East Africa. The third, Cracks in the Foundation: Leadership Debates in al‐ Qa`ida, described al‐Qa`ida’s most important internal disagreements, including on the wisdom of the 9/11 attacks. The fourth, al‐Qa`ida’s Foreign Fighters in Iraq: A First Look at the Sinjar Records, was based on al‐Qa`ida in Iraq’s personnel records for fighters entering Iraq through Syria. This report, Bombers, Bank Accounts, and Bleedout: al‐Qa`ida’s Road In and Out of Iraq, expands on the first Sinjar Report, introducing new documents and new analysis to provide a better picture of al‐Qa`ida in Iraq’s operations and its prospects for the future. -
Muhammad Ahmad Said Haydar, Muhammad Ahma
SECRET // 20330307 DEPARTMENT OF DEFENSE STATES COMMAND HEADQUARTERS , JOINT TASK FORCE GUANTANAMO U.S. NAVAL STATION , GUANTANAMO BAY , CUBA APOAE09360 JTF- GTMO- CDR 7 March2008 MEMORANDUMFORCommander, UnitedStates SouthernCommand, 3511NW 91st Avenue, Miami, FL 33172 SUBJECT: Recommendationfor ContinuedDetentionUnder Control(CD) for GuantanamoDetainee, ISN 000498DP(S) JTF - GTMO Detainee Assessment 1. ( S) Personal Information : JDIMS/ NDRC ReferenceName: Mohammed Mohammed Ahmen Said Current/ True Name andAliases: Muhammad Ahmad Said Haydar, Muhammad Ahmad Said Hamadial- Sabri, Sarqahal- Tazi, Shafiq, Charlly Place of Birth: Taiz, Yemen (YM ) Date of Birth: 1978 Citizenship: Yemen InternmentSerial Number (ISN) : -000498DP 2. (U//FOUO) Health: Detainee is in good health. 3. (U ) JTF-GTMOAssessment: a. (S) Recommendation : JTF -GTMO recommends this detainee for Continued Detention Under DoD Control (CD) JTF -GTMO previously recommended detainee for Transfer Out of ( TRO ) 21 April 2007 . b . (S ) Executive Summary: Detainee is assessed to be a member of al-Qaida. Detainee was identified as an al-Qaida fighter and assessed to have served under the command ofAli Muhammad Abdul Aziz al-Fakhri, aka (Ibn al-Shaykh al-Libi), ISN 000212DP ( LY -212 , transferred ), in Usama Bin Laden's (UBL) Tora Bora Mountain complex. Detainee was injured during hostilities against US and Coalition forces and is also assessed to be a fighter in UBL’s 55th Arab Brigade on the front lines near Kabul, CLASSIFIED BY : MULTIPLE SOURCES REASON : E.O. 12958, AS AMENDED , SECTION 1.4 ( C DECLASSIFY ON : 20330307 SECRET NOFORN 20330307 SECRET NOFORN // 20330307 JTF - GTMO -CDR SUBJECT : Recommendation for Continued Detention Under Control (CD) for Guantanamo Detainee , ISN - 000498DP (S ) Afghanistan (AF) before retreating to Tora Bora.