GTMO
96 Articles
Why Guantánamo Detainees Should Have Access to COVID Vaccines Part II: Federal Law and DoD Policies
In addition to a violation of the law of armed conflict and unsound policy, there's another reason the DOD's decision to suspend vaccination plans for Guantánamo detainees is…
Why Guantánamo Detainees Should Have Access to COVID Vaccines Part I: Law of Armed Conflict and Good Policy
The laws of war require vaccinating Guantanamo detainees. So do policy imperatives — including the U.S. military's own self-interests.
How to Fix the U.S. Litigation Position in Key Pending Cases
The Biden administration has the opportunity, and responsibility, to disavow the Trump administration’s dangerous litigation positions and the ideologies they reflect in these…
On Guantanamo’s 19th Anniversary, A Renewed Call to Close It
Nineteen years ago today, the administration of President George W. Bush sent the first detainees to the Guantanamo Bay Detention Center for the purpose of detaining them beyond…
On Accountability and the Next Presidency, Starting With the Cabinet
To truly “Build Back Better,” as Biden promised, he must not nominate, appoint, or otherwise hire anyone for his administration who has seriously abused power.
The D.C. Circuit, Conspiracy, and the Guantanamo Military Commissions: Third Time’s the Charm?
Eleven years since Congress authorized the third generation of post-9/11 Guantanamo military commissions, the substantive law governing them remains in doubt. The case of Bahlul…
Jurisdiction at Guantanamo: The Case of Long-Term Complicity
The commission should stop asking whether the acts of facilitation occurred during an armed conflict. Rather, the commission should be asking whether the defendants facilitated…
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…