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9/11 Families Pursuing Justice Call for Majid Khan’s Plea Agreement to Be Fulfilled

A powerful and compassionate call for the U.S. government to honor plea agreements, end military commissions, close Guantánamo, and give justice to 9/11 families and Guantánamo…

Jul. 1, 2022 Terry Rockefeller

The empty courtroom of the U.S. Supreme Court is seen September 30, 2016. Curtains are parted to reveal chairs, pews, and the seats for the judges at the front of the room.

In US v. Husayn (Abu Zubaydah), the Supreme Court Calls Torture What It Is

"I do not read the recent decision ... as much of a victory for the government," writes Joseph Margulies. "In fact, I think it’s a loss for the Biden administration poorly disguised…

Mar. 11, 2022 Joseph Margulies

U.S. President Joe Biden speaks at Mill 19, a former steel mill being developed into a robotics research facility, on the campus of Carnegie Mellon University on January 28, 2022 in Pittsburgh, Pennsylvania. Biden arrived in Pittsburgh for a scheduled visit to promote his bipartisan infrastructure plan hours after at least 10 people were reportedly injured when a major bridge collapsed in the city.

Biden’s Guantanamo Politics are not Obama’s

To the extent that political concerns with moving aggressively toward Guantanamo closure were at one time persuasive among some executive branch officials, they shouldn’t be…

Feb. 2, 2022 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.

Biden Team Gets It Right on Inadmissibility of Torture Evidence in Al-Nashiri Case

In a much anticipated brief, the government categorically rejected the use of statements obtained through torture in military commissions and promised not to admit any statements…

Feb. 1, 2022 Tess Bridgeman

A physical therapy room for older detainees is seen at the US Guantanamo Naval Base on October 16, 2018, in Guantanamo Base, Cuba. - The Guantanamo prison, which houses detainees accused of participating in the 9/11 attacks, is to remain open for at least 25 years, said US Navy Admiral John Ring, commander of the base. (Photo by Sylvie LANTEAUME / AFP) (Photo credit should read SYLVIE LANTEAUME/AFP via Getty Images)

A Rare Public Wake-Up Call from the ICRC on Guantanamo Transfers

An exceedingly rare public statement by the ICRC calls on the Biden administration to get serious about Guantanamo transfers.

Jan. 20, 2022 Tess Bridgeman

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

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

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

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

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