The ruling by a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit upheld a lower court's decision in 2008 that the government may continue to detain a Yemeni, an admitted cook for a group allied with the Taliban. The prisoner, Ghaleb Nassar al-Bihani, has been held at the U.S. military facility at Guantanamo Bay, Cuba, since 2002.
But two of the judges, Janice Rogers Brown and Brett M. Kavanaugh, went further. They rejected attempts by human rights groups and detainees' lawyers to have the courts apply principles from "the laws of war" to detention decisions.