nationalsecuritylaw Al-Warafi v.

February 22, 2011

* Al-Warafi v. Obama (D.C. Cir. Feb. 22, 2011)

The D.C. Circuit has remanded in al-Warafi v. Obama, a GTMO habeas case that presents the question whether (i) al-Warafi was part of the Taliban and (ii) whether he constituted a “medic” subject to the protections of Article 25 of the First Geneva Convention. The circuit panel (Ginsburg, Garland, and Williams) affirmed the district court’s conclusion to the effect that al-Warafi was in fact a Taliban member, but remanded to the district court for further findings as to his asserted status as a Taliban medic. The short opinion is posted here. For more context, see Ben Wittes’s summary of the oral argument here.

Al Warafi DC Cir Decision.pdf