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Image: Left - MONROVIA, LIBERIA – AUGUST 6, 2003: Hundreds of shell casings litter the ground in Monrovia, Liberia, as negotiators try to reach a ceasefire in the country’s brutal civil war. (Chris Hondros/Getty Images) Right - Syrian defendant Anwar R., 57, arrives at court for an unprecedented trial on state-sponsored torture in Syria, on April 23, 2020 at court in Koblenz, western Germany. Prime suspect Anwar R., an alleged former colonel in Syrian state security, stands accused of carrying out crimes against humanity while in charge of the Al-Khatib detention centre in Damascus between April 29, 2011 and September 7, 2012. (Photo by Thomas Lohnes / various sources / AFP). EDITORS NOTE: According to court's ruling, the face of the defendant must be made unrecognizable

From Syria Torture Trial to Liberian Massacre Case – A Plea for Bolstering Witness Protections in Human Rights Litigation

Witness testimony was key in reaching today's conviction of a former Syrian intelligence official for crimes against humanity. But the testimony placed witnesses and victims at…

Jan. 13, 2022 Alyssa Yamamoto

Cutting Edge Issues in Year 20 of the Guantánamo Habeas Litigation

After 20 years of Guantánamo litigation, legal questions around detention authority and due process still remain.

Jan. 11, 2022 Shayana Kadidal

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”

There Is a Way to Close Guantanamo

An outline of steps to end the policy of law of war detention, close Guantanamo, and end one of the grimmest chapters of the endless war era.

Jan. 11, 2022 Ian Moss

People in orange jumpsuits and black hoods walk in a single-file line in front of US Capitol building

Defending the Rule of Law Requires Ending Guantanamo Detention

After 20 years, continued Guantanamo detention is unjustifiable.

Jan. 11, 2022 Daphne Eviatar

With Subpoena to a Photojournalist, Jan. 6 Committee Runs Needless Risks to Press Freedom

Alongside the predictable lineup of plaintiffs seeking to block the committee’s subpoenas of their phone records—Michael Flynn, Mark Meadows, and others—one stands out. A…

Jan. 10, 2022 Grayson Clary and Gabe Rottman

Razor wire tops the fence of the U.S. prison at Guantanamo Bay on October 23, 2016 at the U.S. Naval Station at Guantanamo Bay, Cuba. An American flag waves in the background.

The Biden Administration’s Moment of Truth on Torture Evidence

US prosecutors claim the authority to use torture-derived evidence in Al-Nashiri's case, contrary to U.S. domestic and international legal obligations.

Dec. 1, 2021 David Luban, Scott Roehm and 6 more

A letter dated October 29, 2021. It reads, “From: Panel ICO U.S. vs. Khan; To: Convening Authority; The panel members listed below recommend clemency in the case of Majid Shoukat Khan. Mr. Kahn committed serious crimes against the U.S. and partner nations. He has plead guilty to these crimes and taken responsibility for his actions. Further, he has expressed remorse for the impact of the victims and their families. Clemency is recommended with the following justification: 1) Mr. Khan has been held without the basic due process under the U.S. Constitution. Specifically, he was held without charge or legal representation for nine years until 2021, and held without final sentencing until October 2021. Although designated on ‘alien unprivileged enemy belligerent,’ and not technically afforded the rights of U.S. citizens, the complete disregard for the foundational concepts upon which the Constitution was founded is an affront to American values and concept of Justice. 2) Mr. Khan was subjected to physical and psychological abuse well beyond approved enhanced interrogation techniques, instead being closer to torture performed by the most abusive regimes in modern history. This abuse was of no practical value in terms of intelligence, or any other tangible benefit to U.S. interests. Instead, it is a stain on the moral fiber of America; the treatment of Mr. Khan in the hands of U.S. personnel should be a source of shame for the U.S. government. 3) Mr. Khan committed his crimes as a young man reeling from the loss of his mother. A vulnerable target for extremist recruiting, he fell to influences furthering Islamic radical philosophies, just as many others have in recent years. Now at the age of 41 with a daughter he has never seen, he is remorseful and not a threat for future extremism. It is the view of the penal members below that clemency be granted based on the points above, as well as Mr. Khan’s continued cooperation with us efforts in other, more critical, prosecutions. Panel #1, Panel #8, Panel #5, Panel #9, Panel #12, Panel #4, Panel #11.”

Military Officers’ Handwritten Clemency Letter at Guantanamo – What It Says About Who We Are

"A long step toward the ultimate freedom: the realization that there is no them, there is only us."

Nov. 8, 2021 Joseph Margulies

A sign for Camp Justice in Guantanamo Bay Naval Base, Cuba. Five flags waive from posts.

A Torture Survivor Speaks at the Guantanamo Military Commissions

Majid Khan described his torture by the United States for the first time in a case that also shows how plea agreements are the only realistic path for those charged in Guantanamo…

Nov. 4, 2021 Scott Roehm

Legal blind justice Themis metal statue with scales on chains

Judicial Secrecy: How To Fix the Over-sealing of Federal Court Records

The lack of uniform procedures for sealing federal court records has resulted in excessive secrecy that has caused considerable harm.

Oct. 21, 2021 Heather Abraham, Jonathan Manes and 1 more

Colombian United Self Defense (AUC) right-wing paramilitary guerrillas stand in rows holding their hands over their hearts during the demobilization ceremony 10 December, 2004 at Camp Two base camp in Tibu, north of Santander, Colombia.

New Ruling Sheds Light on State-Paramilitary Cooperation in Colombia – and on the TVPA

A US court held that Colombian paramilitaries indisputably had a symbiotic relationship with the Colombian state and are therefore liable under the TVPA.

Oct. 15, 2021 Daniel McLaughlin

A Liberians United for Reconciliation and Democracy (LURD) stands among hundreds of shell casings August 6, 2003 in Monrovia, Liberia.

Historic Judgment in Liberian Massacre Case Advances US Law

A landmark case offers justice for victims - and new specificity on TVPA, ATS claims for crimes against humanity and war crimes.

Oct. 11, 2021 Elise Baker, Ela Matthews and 1 more

Relatives and friends attend the funeral of Sonya Gregorio and her son Frank Gregorio on December 27, 2020 in Paniqui, Tarlac province, Philippines. Six people carry a coffin, and banner behind shows their faces and reads, “Justice for Sonia R. Gregorio; Frank Anthony R. Gregorio; Our condolences and sympathy to the bereaved family from Rev. Peter M. Gregorio”

Toward a Treaty on Crimes Against Humanity: A View from the Philippines and a Region of `Non-Interference’

Such a convention could help dispel a culture of impunity by reaffirming the gravity of such atrocities and filling gaps left by the Rome Statute.

Oct. 8, 2021 Jenny Domino

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