Guantanamo
373 Articles

Ruminations on the Abu Zubaydah Supreme Court Oral Argument: Three Surprising Turns
“The Supreme Court oral arguments in U.S. v. Husayn (Abu Zubaydah) took a number of surprising but welcome turns."

Activism and Consequences
A response to Margulies and Azmy.

Video: Roads Not Taken – Reflections on the 9/11 Anniversary
Assessing the Work and Impact of U.S. Human Rights Organizations Since the 9/11 Attacks

The Humanity of Michael Ratner, The Fabrications of Samuel Moyn
Joseph Margulies and Baher Azmy write to set the record straight.

Paradigm Shift: The Consequences of Choosing a War Path, and Leaving It
We owe it to the next generation to grapple now with the consequences of remaining at war -- as well as the consequences of choosing not to be -- lest we find ourselves reflexively…

How to Responsibly End Three Key Rights-Abusing Post-9/11 Policies
Accountability needs to include reckoning with Guantanamo, state-sanctioned U.S. torture, and secretive and unlawful lethal strikes.

What the U.S. Withdrawal from Afghanistan Could Mean for Guantanamo Detainees and the Due Process Clause
The D.C. Circuit will soon consider the consequential question of whether the Due Process Clause applies to Guantanamo detainees.

Nuremberg Prosecutor says Guantanamo Military Commissions Don’t Measure Up
In an upcoming filing, the last living Nuremberg prosecutor, Benjamin B. Ferencz, says there is "very limited comparison" between the Guantanamo military commissions and the Nuremberg…

Course Correction Still Needed on Anti-Torture Obligations
The prohibition on torture is absolute. The government’s commitment to upholding it must be too.

Extraterritorial Counterterrorism: Policymaking v. Law
The Biden administration's counterterrorism policy review is a crucial moment to evaluate the role of law versus policy and an opportunity to narrow the scope of the “ongoing…

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…