GTMO
89 Articles
Getting It Wrong: The 9/11 Military Commission and the Justiciability of Armed Conflict
In an apparent effort to preserve its own jurisdiction while proceeding towards trial, the 9/11 military commission has made a hash of its armed conflict jurisprudence. It has…
Guantanamo’s COVID-19 Precautions Must Safeguard Detainees’ Rights
Even if the virus does not reach the detainees, some of the precautions that Guantanamo is taking could at once undermine detainees’ rights, including access to counsel, and…
Guantanamo’s Ugly Taint on U.S. Diplomacy
Watching the Guantanamo proceedings from behind the courtroom's safety glass brings to mind a different prison, halfway around the world, in Egypt.
D.C. Circuit Considers Limits on Guantanamo Detention
The court will hear oral arguments today in Abdul Razak Ali v. Trump on the central question of whether the Due Process Clause applies to limit the length of detention at Guantanamo…
18 Years After 9/11, Why Is Guantánamo Still Open?
That a child born on that day the planes hit would by now have gained the right to vote, but there has yet to be a trial of the alleged attackers, serves to highlight how painfully…
Tom Lantos Commission: Enhancing U.S. Ability to Pursue Accountability for Atrocities
I had the honor of testifying last week before the Tom Lantos Human Rights Commission at a hearing devoted to “Pursuing Accountability for Atrocities.” My written testimony…
For the Military Commissions, a Fork in the Road on Torture
“It’s time for everyone to admit that the Guantanamo military commissions have failed.” That’s what Steve Vladeck wrote last month in a characteristically excellent post discussing…
The Status of Guantanamo 17 Years In
Seventeen years ago today, the United States brought twenty Afghan men, alleged to be members of the Taliban or al-Qaeda, to its Naval Base at Guantanamo Bay, Cuba. Images of the…
Brett Kavanaugh and the Risk of a Return to Torture
Brett Kavanaugh, holds a stark view of the role of international law, which could threaten the protection of fundamental human rights, including the right not to be tortured.
“We Could Hold Them for 100 Years If the Conflict Lasts for 100 Years”
Last week, Justice Department lawyer Ronald Wiltsie told a federal district court in Washington, D.C. that the Trump administration is entitled to imprison detainees for 100 years…
What the Heck is Happening in Al-Nashiri?: The Ten-Layer Dip at the Heart of the Latest Guantánamo Mess
It’s hard to imagine a better microcosm of everything that’s gone wrong with the Guantánamo military commissions than the current headaches arising out of the prosecution…
The First Transfer of a Guantánamo Prisoner By the Trump Administration
On Wednesday, the Trump administration transferred longtime detainee Ahmed al-Darbi out of Guantánamo Bay. Although al-Darbi isn’t going free, this first transfer of a Guantanamo…