U.S. Policy

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Supreme Court Halts Guantanamo Bay Military Commissions, Applies Geneva Convention to War on Terror

July 6, 2006

Steven C. Welsh, CDI research analyst and legal scholar, examines the Supreme Court's June 29, 2006, decision halting Guantanamo Bay military commissions.

Author(s): Steven C. Welsh

Detainees: DoD issues new directive as Senate tries to step in

November 14, 2005

The Pentagon has issued a new directive on detainees and interrogation. The directive explicitly prohibits torture and requires the humane treatment of detainees but does not define either concept and does not address the potential diversity of standards resulting from arguments that different laws should apply to different sets of detainees. It therefore falls short of working towards the uniform treatment of detainees envisioned by an amendment to the Fiscal Year 2006 defense appropriations bill adopted by the U.S. Senate 90-9. Claiming simply to consolidate preexisting standards the directive nevertheless establishes conditions for access to DoD detainees by other agencies and foreign parties and establishes requirements for the reporting of violations. It also addresses the activities of medical personnel and guards, and the use of dogs ...

Author(s): Steven C. Welsh

Roberts Confirmation: FISA Court National Security Surveillance

September 15, 2005

Judge John G. Roberts, in the first round of questioning in his confirmation process to be Chief Justice of the United States, exhibited a cautious approach when confronted by Sen. Mike Dewine, R-Ohio, over the secretive Foreign Intelligence Suveillance Act (FISA) court. The court, created in 1978 and modified in 2001 by the USA Patriot Act, reviews requests by the intelligence community to conduct national security-related surveillance, such as wiretaps, within the United States. It therefore stands at a nexus where security abuts privacy, but also where Roberts himself would play a central role by appointing its members. Steven C. Welsh, CDI Research Analyst and legal scholar, flags highlights from the John G. Roberts confirmation hearings to be Chief Justice of the United States.

Author(s): Steven C. Welsh

Combating Terrorist Financing: A Key Aspect of the War on Terrorism

May 20, 2005

In order to effectively combat terrorist financing policymakers must understand the manner in which terrorists exploit the various financial tools at their disposal. While the United States has thus far drastically improved its capabilities to attack terrorist financial networks, more can be done to address this crucial aspect of the War on Terrorism.

Author(s): David Childs

Nuclear Terrorism Convention:
International Convention for the Suppression of Acts of Nuclear Terrorism

May 6, 2005

The UN General Assembly on April 13, 2005, adopted by consensus an International Convention for the Suppression of Acts of Nuclear Terrorism (“Nuclear Terrorism Convention”), addressing the unlawful possession or use of nuclear devices or materials by non-state actors. The Nuclear Terrorism Convention is the first anti-terrorist convention since Sept. 11, 2001, and calls for states parties to develop appropriate legal frameworks criminalizing nuclear terrorism-related offenses, investigate alleged offenses, and, as appropriate, arrest, prosecute, or extradite offenders. It also calls for international cooperation with nuclear terrorism investigations and prosecutions, with respect to information-sharing as well as extradition and the transfer of detainees to provide assistance with foreign investigations and prosecutions. With much of its focus on legal action against individuals, the treaty also sets out a number of provisions relating to the treatment of detainees.

Author(s): Steven C. Welsh

United States indicts three British nationals over alleged terrorist plans to attack U.S. financial targets; defendants currently facing charges in the United Kingdom

April 15, 2005

The U.S. Department of Justice on April 12, 2005, announced the unsealing of a four-count indictment handed down by a federal grand jury in the Southern District of New York against three British nationals, Dhiren Barot, Nadeem Tarmohamed, and Qaisar Shaffi, for conspiracy to use weapons of mass destruction, providing material support and resources to terrorists, and conspiracy to damage and destroy buildings used in interstate and foreign commerce. The three defendants are among a group of eight suspects arrested in the United Kingdom in August 2004 and charged under Britain’s Terrorism Act 2000 (TACT) in connection with alleged surveillance and plans to attack financial targets in Washington D.C., New York City, and New Jersey.

Author(s): Steven C. Welsh

Policy Watch -- U.S. Presidential Election 2004
Analysis of John Kerry Acceptance Speech, Democratic National Convention

July 30, 2004

Examination of Democratic Presidential nominee John Kerry statements at the 2004 Democratic National Convention on security policy, including counterterrorism efforts, and as related to international law and the global security system.

Author(s): Steven C. Welsh

CIA Civilian Contractor Indicted for Prisoner Death in Afghanistan

June 21, 2004

Amidst snowballing reports over prisoner abuse and concerns over where civilian contractors fall within the legal frameworks governing U.S. security operations, a federal grand jury has indicted a CIA civilian contractor for beating a detainee to death in Afghanistan. The four-count indictment alleges David Passaro beat Abdul Wali, an Afghani, with his hands, feet, and a flashlight in the course of two days of interrogation. Wali later was found dead in his cell.

Author(s): Steven C. Welsh

Law Watch ~ Terrorism Indictment: British Islamic Cleric Abu Hamza al Masri

June 8, 2004

Attorney General John Ashcroft on May 27, 2004, announced an 11-count terrorism indictment against British Muslim cleric Mustafa Kamel Mustafa, a/k/a Abu Hamza al-Masri. The indictment alleges involvement with a 1998 hostage-taking in Yemen, violent jihad in Afghanistan, and support for both the Taliban and al Qaeda, the latter including attempts to help establish an al Qaeda training camp in Oregon in 1999 and 2000. The indictment comes as part of the Bush administration's multi-faceted legal approach to terrorism, with some alleged terrorists prosecuted by civilian courts while others are deemed combatants and held by the military.

Author(s): Steven C. Welsh

The Terrorist Threat Heightens Again (Sort of): Another Long Hot Summer?

May 27, 2004

U.S. Attorney General John Ashcroft’s May 26 terrorist threat warning had a certain inevitability to it. In the last three years, such warnings have almost become as synonymous with the onset of summer as Memorial Day cookouts and neighborhood pool parties – if rather more ominous. That said, the possibility that al Qaeda or an affiliate will seek to influence the forthcoming American election by launching a terrorist attack must be considered a real one.

Author(s): Mark Burgess

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