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Two tall greyscale rectangles cast dark shadows representing the Twin Towers. Text reads, “How Perpetual War Has Changed Us: Reflections on the 20th Anniversary of 9/11”

Paradigm Shift: The Consequences of Choosing a War Path, and Leaving It

We owe it to the next generation to grapple now with the consequences of remaining at war -- as well as the consequences of choosing not to be -- lest we find ourselves reflexively…
A prisoner paces in a gated indoor area before evening prayers at the "Gitmo" maximum security detention center on October 22, 2016 at the U.S. Naval Station at Guantanamo Bay, Cuba.

What the U.S. Withdrawal from Afghanistan Could Mean for Guantanamo Detainees and the Due Process Clause

The D.C. Circuit will soon consider the consequential question of whether the Due Process Clause applies to Guantanamo detainees.
Former chief prosecutor Benjamin Ferencz addresses guests during the inauguration of the new information and documentation center "Memorial Nuremberg Trials", in Nuremberg, southern Germany, on November 21, 2010.

Nuremberg Prosecutor says Guantanamo Military Commissions Don’t Measure Up

In an upcoming filing, the last living Nuremberg prosecutor, Benjamin B. Ferencz, says there is "very limited comparison" between the Guantanamo military commissions and the Nuremberg…
A "Camp Justice" sign at Guantanamo Bay. Four poles waive flags behind the sign.

Course Correction Still Needed on Anti-Torture Obligations

The prohibition on torture is absolute. The government’s commitment to upholding it must be too.
A US Predator unmanned drone armed with a missile stands on the tarmac of Kandahar military airport on June 13, 2010.

Extraterritorial Counterterrorism: Policymaking v. Law

The Biden administration's counterterrorism policy review is a crucial moment to evaluate the role of law versus policy and an opportunity to narrow the scope of the “ongoing…
A human rights activist, dressed to resemble the now famous Abu Ghraib prison photo depicting an Iraqi prisoner being tortured, stands on a street corner during rush hour in front of the US Department of Justice 22 February 2005 in Washington, DC.

How the Biden Administration Should Take Torture-Derived Evidence Off the Table

In a decent legal system, the government does not ask courts to admit evidence derived from torture, nor does it press other arguments that disregard the absolute prohibition on…
An American flag hangs on a wall behind barbed wire.

State Secrets and the Torture of Abu Zubaydah

More than any case to have reached the Supreme Court, Abu Zubaydah’s case demonstrates the need to carefully scrutinize what information the Executive Branch can legitimately…
The old courtroom building, pictured through an opening from inside an airplane hangar used for media activities at Camp Justice, site of the US war crimes tribunal compound at Guantanamo Bay US Naval Base, Cuba, April 9, 2014. A guard stands at the opening of the hanger.

Torture Evidence and the Guantanamo Military Commissions

Burying evidence of torture, while surreptitiously admitting the fruits of torture is not what a decent legal system does. Bringing to justice those accused of atrocious crimes…
US psychologist James Mitchell speaks with an interviewer at the American Enterprise Institute in Washington, DC on December 6, 2016.

Stopping Torture: Why Professional Governance Failed, and How It Can Do Better

Professionals -- psychologists, physicians, lawyers -- played key parts in enabling post-9/11 torture programs. Yet professionalism can also constrain state power. Gregg Bloche…
Razor wire lines the fence of the "Gitmo" maximum security detention center on October 22, 2016 at the U.S. Naval Station at Guantanamo Bay, Cuba. A U.S. flag is on the wall behind the fence.

A Letter to President Biden from a Former Intelligence Officer: Close Guantanamo Bay

There is shame in the knowing. There is greater shame in knowing, and doing nothing. Mr. President, you can do something. End this horrible era of American history.

Biden Team’s Litigation Tactics on Guantanamo Undercut Biden Policy to Close the Prison

The administration's new moves before Supreme Court raise questions about whether it will more broadly decline to use straightforward tools to close Guantanamo and end indefinite…
Speaker of the House Nancy Pelosi (D-CA) sits with U.S. President-elect Joe Biden during a meeting that included Vice President-elect Kamala Harris and Senate Democratic Leader Chuck Schumer (D-NY) (not shown) at the Queen Theater on November 20, 2020 in Wilmington, Delaware. They sit at a large horse-shoe or square table allowing ample room for social distancing. An American flag stands behind the table near President-elect Biden.

Principles for a 2021 Authorization for Use of Military Force

The Biden administration and new Congress have an opportunity to fundamentally rethink authorization of military force against terrorist groups. Here are seven principles for what…
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