Guantanamo
363 Articles
What the US Government Brief Should Have Said in Al-Hela: On Guantanamo and Due Process
"Had the Justice Department wanted to recognize that the due process clause applies at Guantanamo, the brief would have essentially written itself."
State Secrets and the Torture of Abu Zubaydah
More than any case to have reached the Supreme Court, Abu Zubaydah’s case demonstrates the need to carefully scrutinize what information the Executive Branch can legitimately…
Torture Evidence and the Guantanamo Military Commissions
Burying evidence of torture, while surreptitiously admitting the fruits of torture is not what a decent legal system does. Bringing to justice those accused of atrocious crimes…
Stopping Torture: Why Professional Governance Failed, and How It Can Do Better
Professionals -- psychologists, physicians, lawyers -- played key parts in enabling post-9/11 torture programs. Yet professionalism can also constrain state power. Gregg Bloche…
A Letter to President Biden from a Former Intelligence Officer: Close Guantanamo Bay
There is shame in the knowing. There is greater shame in knowing, and doing nothing. Mr. President, you can do something. End this horrible era of American history.
Biden Team’s Litigation Tactics on Guantanamo Undercut Biden Policy to Close the Prison
The administration's new moves before Supreme Court raise questions about whether it will more broadly decline to use straightforward tools to close Guantanamo and end indefinite…
Upcoming Cases Provide Opportunities to Reassess the Application of the Due Process Clause at Guantanamo
Recognizing the Due Process Clause’s application at Guantanamo will help refocus litigation on the question of whether the remaining detainees pose such a significant threat…
National Security Last Week at the United Nations (Feb. 19-26)
Increasing violence against civilians in South Sudan, Somalia; IAEA reaches temporary deal with Iran; human rights experts urge accountability at Guantanamo Bay. This and more…
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…