nationalsecuritylaw Al-Warafi v.

* 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

Author Profile

Robert M. Chesney
Robert M. Chesney is Charles I. Francis Professor in Law at UT-Austin School of Law. Chesney is a national security law specialist, with a particular interest in problems associated with terrorism. Professor Chesney recently served in the Justice Department in connection with the Detainee Policy Task Force created by Executive Order 13493. He is a member of the Advisory Committee of the American Bar Association's Standing Committee on Law and National Security, a senior editor for the Journal of National Security Law & Policy, an associate member of the Intelligence Science Board, a non-resident senior fellow of the Brookings Institution, a term member of the Council on Foreign Relations, and a member of the American Law Institute. Professor Chesney has published extensively on topics ranging from detention and prosecution in the counterterrorism context to the states secrets privilege. He served previously as chair of the Section on National Security Law of the Association of American Law Schools and as editor of the National Security Law Report (published by the American Bar Association's Standing Committee on Law and National Security). His upcoming projects include two books under contract with Oxford University Press, one concerning the evolution of detention law and policy and the other examining the judicial role in national security affairs.
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