Do Taliban Detainees Need to Be Released at End of Afghanistan Conflict?

The legal definition of the end of armed conflict in Afghanistan could determine whether detainees like those released in the Bergdahl swap can remain in custody.

The "Camp Six" detention facility of the Joint Detention Group at the US Naval Station in Guantanamo Bay, Cuba.
National Journal
June 11, 2014, 10:05 a.m.

In the wake of President Obama’s announcement that the U.S. will pull out the majority of its combat troops from Afghanistan by the end of 2014, questions have arisen in Congress about the status of Taliban detainees taken during the 13-year armed conflict.

“We’re currently in armed conflict with the Taliban and al-Qaida,” said Stephen Preston, general counsel to the Department of Defense, speaking in front of the House Armed Services Committee on Tuesday. “At some point, the armed conflict with the Taliban ends.” At that point, Preston said, the U.S. will no longer have a basis in international law to hold belligerents.

But most agree that the armed conflict with Taliban will not end when U.S. forces pull out of Afghanistan. The battle with the Taliban is generally bundled into the larger fight against al-Qaida, and so the Obama administration could use the Authorization for Use of Military Force (AUMF) to hold detainees like those it released in exchange for Sgt. Bowe Bergdahl long past the end of troop presence in Afghanistan.

Some in Congress are trying to limit the AUMF, which the Bush and Obama administrations have used to justify indefinite detention at Guantanamo Bay and military action against forces “associated with” al-Qaida worldwide. A measure introduced by Rep. Adam Schiff, D-Calif., would allow the AUMF to expire in 2015.

But in Wednesday’s hearing, Rep. Adam Smith, D-Wash., reaffirmed that the U.S. would not be compelled to release Taliban detainees “as long as we’re fighting al-Qaida and as long as we’re fighting their associated forces.”

Preston was called to testify alongside Defense Secretary Chuck Hagel to answer questions about the prisoner swap that traded Bergdahl for five high-level Taliban detainees from Guantanamo Bay.

What We're Following See More »
AFTER HE POSTED THREATENING PHOTO
Judge Orders Stone Gag Order
2 hours ago
THE LATEST
DATES TBD
New Election Ordered in NC-09
2 hours ago
THE DETAILS
Source:
TO DEMAND VENEZUELAN PRESIDENT MADURO STEP DOWN
Pence Traveling to Colombia
8 hours ago
WHY WE CARE

"Vice President Mike Pence will go to Colombia on Monday to speak with the Colombian president and regional leaders about the ongoing turmoil in Venezuela and rally the international community behind opposition leader Juan Guaidó." Pence "will deliver remarks to the 14 nations that are part of the 'Lima Group' in Bogota," and will meet with Colombian President Ivan Duque.

Source:
LIKELY TO FACE COMPETITION IN REPUBLICAN PRIMARY
Rep. Bradley Byrne Announces Bid Against Sen. Doug Jones
8 hours ago
THE DETAILS

"U.S. Rep. Bradley Byrne became the first official Republican entrant into the 2020 U.S. Senate race announcing his intention to run in a race that could become one of the most expensive political contests in Alabama history. Byrne, a three-term congressman from Fairhope, said he anticipates the fundraising during the lengthy 2020 campaign to eclipse the 2017 special Senate election, in which an estimated $50 million was spent during the contest. Democratic U.S. Senator Doug Jones, who narrowly defeated Republican Roy Moore in that election, raised more than $24 million."

Source:
TARGETS INCLUDED NANCY PELOSI
Coast Guard Lt. Planned Large-scale Terrorist Attack
8 hours ago
THE DETAILS

"A U.S. Coast Guard lieutenant and self-identified white nationalist was arrested after federal investigators uncovered a cache of weapons and ammunition in his Maryland home that authorities say he stockpiled to launch a widespread domestic terrorist attack targeting politicians and journalists...Though court documents do not detail a specific planned date for an attack, the government said he had been amassing supplies and weapons since at least 2017, developed a spreadsheet of targets that included House Speaker Nancy Pelosi (D-Calif.) and searched the Internet using phrases such as “best place in dc to see congress people” and “are supreme court justices protected.”

Source:
×
×

Welcome to National Journal!

You are currently accessing National Journal from IP access. Please login to access this feature. If you have any questions, please contact your Dedicated Advisor.

Login