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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

Aerial view of an improvised camp of asylum seekers and refugees at El Chaparral border crossing in Tijuana, Baja California state, Mexico, on December 6, 2021. - The United States reimplemented the Migrant Protection Protocol (MPP) program, also known as Remain in Mexico, on December 6 after a court order. (Photo by GUILLERMO ARIAS/AFP via Getty Images)

The Fifth Circuit’s Interventionist Administrative Law and the Misguided Reinstatement of Remain in Mexico

Experts Cristina Rodríguez and Adam Cox identify flaws in the decision ordering reinstatement of the "Migrant Protection Protocols."

Dec. 21, 2021 Cristina Rodríguez and Adam Cox

ARLINGTON, VIRGINIA - AUGUST 30: U.S. Department of Defense Press Secretary John Kirby speaks at a press briefing (Photo by Anna Moneymaker/Getty Images).

America Needs a War on Terror Transparency Act

The Pentagon has three months to investigate the disturbing New York Times report that the military conducted and covered up airstrikes in Baghuz, Syria that killed up to 64 civilians.…

Dec. 10, 2021 Steven Katz

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

Standing at a podium with the seal of the Pentagon behind him. Defense Department Press Secretary John Kirby speaks during a press briefing on September 3, 2021 in Arlington, Virginia.

Tragic Mistakes: Breaking the Military Culture of Impunity

How framing civilian harm in U.S. military operations -- as a “tragic mistake” -- hides the systemic failure that requires institutional reform.

Nov. 23, 2021 Brianna Rosen

Large buildings housing the Centcom facility in Florida with pine trees in front.

Centcom’s Full Statement on Baghuz Strike: Annotated

Our co-editor-in-chief identifies and annotates the 20 most significant elements of Centcom's statement.

Nov. 22, 2021 Ryan Goodman

Legal blind justice Themis metal statue with scales on chains

Litigation Tracker: Major Decisions Facing the Biden Administration

The Biden administration must decide whether to change course or maintain the Trump administration’s litigation approach in major Trump-era cases concerning national security…

Nov. 19, 2021 Karl Mihm, Justin Cole and 5 more

Smoke billows after shelling on the Islamic State group's last holdout of Baghouz, in the eastern Syrian Deir Ezzor province on March 3, 2019. (Photo by DELIL SOULEIMAN/AFP via Getty Images)

Questions on the Baghuz Strikes

A list of specific questions for members of Congress, reporters, and investigators to ask about the strike.

Nov. 15, 2021 Brianna Rosen, Luke Hartig and 2 more

International Criminal Court Prosecutor Karim Khan listens to the President of the Special Peace Jurisdiction Eduardo Cifuentes during a press conference in Bogota, October 27, 2021.

Uncertain Future for the ICC’s Investigation into the CIA Torture Program

The ICC Office of the Prosecutor has "deprioritized" investigation of CIA torture in Afghanistan. But Julian Elderfield, a former attorney in the OTP, says the stated reasons for…

Nov. 12, 2021 Julian Elderfield

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

The main gate at the prison in Guantanamo at the US Guantanamo Naval Base on October 16, 2018, in Guantanamo Base, Cuba. A tower with an American flag is seen behind barbed wire fencing.

What Comes Next After a Guantanamo Detainee’s Habeas Win

Afghan national Assadullah Haroon Gul won his habeas case at the D.C. District Court. The United States must expeditiously arrange for his transfer to Afghanistan.

Oct. 21, 2021 Tess Bridgeman

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