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
Kaveh Waddell
Add to Briefcase
Kaveh Waddell
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 »
SHORTLY AFTER MIDTERM ELECTIONS
Trump Schedules Second Meeting With Putin
7 hours ago
THE LATEST

"National Security Adviser John Bolton said Tuesday that President Trump will meet with Russian President Vladimir Putin in Paris on Nov. 11, the 100th anniversary of the armistice ending World War I. ...Bolton was in Moscow to meet with Putin about Trump's decision to withdraw from a landmark nuclear weapons treaty, a move the Kremlin says 'will make the world more dangerous.'"

Source:
DISCUSSES "IMPORTANCE OF THE PARTNERSHIP"
Mnuchin Meets with MBS
1 days ago
THE LATEST
SAYS HIS DEATH STEMMED FROM A FISTFIGHT
Saudis Admit Khashoggi Killed in Embassy
4 days ago
THE LATEST

"Saudi Arabia said Saturday that Jamal Khashoggi, the dissident Saudi journalist who disappeared more than two weeks ago, had died after an argument and fistfight with unidentified men inside the Saudi Consulate in Istanbul. Eighteen men have been arrested and are being investigated in the case, Saudi state-run media reported without identifying any of them. State media also reported that Maj. Gen. Ahmed al-Assiri, the deputy director of Saudi intelligence, and other high-ranking intelligence officials had been dismissed."

Source:
ROGER STONE IN THE CROSSHAIRS?
Mueller Looking into Ties Between WikiLeaks, Conservative Groups
4 days ago
THE LATEST

"Special counsel Robert Mueller’s investigation is scrutinizing how a collection of activists and pundits intersected with WikiLeaks, the website that U.S. officials say was the primary conduit for publishing materials stolen by Russia, according to people familiar with the matter. Mr. Mueller’s team has recently questioned witnesses about the activities of longtime Trump confidante Roger Stone, including his contacts with WikiLeaks, and has obtained telephone records, according to the people familiar with the matter."

Source:
PROBING COLLUSION AND OBSTRUCTION
Mueller To Release Key Findings After Midterms
4 days ago
THE LATEST

"Special Counsel Robert Mueller is expected to issue findings on core aspects of his Russia probe soon after the November midterm elections ... Specifically, Mueller is close to rendering judgment on two of the most explosive aspects of his inquiry: whether there were clear incidents of collusion between Russia and Donald Trump’s 2016 campaign, and whether the president took any actions that constitute obstruction of justice." Mueller has faced pressure to wrap up the investigation from Deputy Attorney General Rod Rosenstein, said an official, who would receive the results of the investigation and have "some discretion in deciding what is relayed to Congress and what is publicly released," if he remains at his post.

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