nationalsecuritylaw Abdul Rezak Ali v. Obama (D.D.C. Jan. 11, 2011) (denying habeas to GTMO detainee)

January 11, 2011

* Abdul Rezak Ali v. Obama (D.D.C. Jan. 11, 2011)

In a 15-page opinion posted here, Judge Leon has denied habeas relief to another GTMO detainee. In this case, the court concluded that:

– Abu Zubaydah’s organization was an “associated force” connected to al Qaeda and directly engaged in hostilities against the United States, thus coming under the AUMF (citing the Circuit decision in Barhoumi) (Ali did not dispute this point)

– Ali was a member of Zubaydah’s organization (Ali did dispute this point)

– membership was established by evidence showing that:

– Ali was captured along with Zubaydah and others at Zubaydah’s guesthouse in Faisalibad, Pakistan

– Ali had been taking a Zubaydah-provided course in English at that house

– Ali would not have been permitted to live for an extended period in close proximity to Zubaydah and his lieutenants if not part of the group

– Ali had been in Afghanistan (contrary to his denials)

– Ali was listed by a code name as a permanent member of Zubaydah’s group in the al Suri diary (kept by another group member)

– Ali admitted during his initial post-capture interrogation that he had gone to Afghanistan to fight the US and its allies

nationalsecuritylaw upcoming training opportunity

January 11, 2011

* Save the Date: UVA’s National Security Law Institute

As always, I strongly recommend this one. Each year UVA’s Center for National Security Law put on a tremendous training (and networking) event. Details follow:

National Security Law Institute

Save the date:

19th National Security Law Institute to be held June 5-17, 2011

Call for Applications
2011 Application
2010 Program
2009 Group Portrait in front of Rotunda
National Security Law 2nd ed. casebook & document supplement

Informational Pamphlet on the Institute

The Nineteenth National Security Law Institute will take place June 5 through June 17, 2011. The National Security Law Institute provides advanced training for professors of law and political science who teach or are preparing to teach graduate-level courses in national security law or related subjects requiring a detailed understanding of National Security Law. Applications are also invited from government attorneys in the national security community who are actively engaged in the practice of national security law or otherwise have a professional need for such training.

This annual intensive two-week course is held at the University of Virginia School of Law in Charlottesville, Virginia, with a visit to Washington, DC, to discuss current developments and issues with senior government officials and national security lawyers. Lectures, panels, and debates feature prominent authorities from across the nation, including both scholars and practitioners.

Topics addressed include:

  • Contemporary Theory Concerning the Origins of War and the "Democratic Peace"
  • Aggression & Self-Defense
  • United Nations Peacekeeping
  • Legal and Ethical Aspects of Future War
  • The International Criminal Court
  • War and Treaty Powers under the Constitution
  • Intelligence and Counterintelligence
  • Counterproliferation
  • Counterterrorism
  • The Role of the Press in Military Operations

Approximately 25-30 participants are selected to attend each Institute. Participants provide their own transportation to and from Charlottesville and will pay a tuition fee ($1,750). All hotel lodging, group meals, course materials, and travel during the Institute will be provided. The deadline for applications for the 2011 Institute is April 15, 2011. Interested parties should contact Ms. Donna Ganoe at the Center as soon as possible for further information (ddg or 434-924-4746). 2011 dates: June 5-17.