Guantanamo

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Trump claps his hands at the Republican presidential nomination as son-in-law and senior advisor Jared Kushner and children Eric and Ivanka Trump look on the South Lawn of the White House August 27, 2020 in Washington, DC. None of them wear face masks.

We Can’t “Look Forward” on the Trump Administration’s Abuses

When President-elect Joe Biden takes office in January, he will confront a national economic crisis and a still out-of-control pandemic. He will also face questions about how to…
Members and supporters of The Washington Region Religious Campaign Against Torture hold a rally to demand Congressional action to stop torture on Capitol Hill March 10, 2008 in Washington, DC. A banner reads, “Torture is un-American.”

On Accountability and the Next Presidency, Starting With the Cabinet

To truly “Build Back Better,” as Biden promised, he must not nominate, appoint, or otherwise hire anyone for his administration who has seriously abused power.
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.

A Path for Renewing Guantanamo Closure

Although closing the 20-year-old detention facility at Guantanamo Bay, Cuba (GTMO) may not be a marquee issue among the many significant challenges Joe Biden will face as president…
Alexanda Kotey and El Shafee Elsheikh mug shots
US Army guards watch over detainees at Camp Delta, 12 September 2002, in Guantanamo Bay, Cuba.

Toward a New Approach to National and Human Security: Close Guantanamo and End Indefinite Detention

Closing Guantanamo responsibly is not an intractable problem, the checkered history of prior efforts notwithstanding. It can be done, and in relatively short order, if decision-making…
Razor wire tops the fence of the U.S. prison at Guantanamo Bay.

Toward a New Approach to National and Human Security: Introduction

One year from today marks the 20th anniversary of 9/11. A president addressing the nation on such a solemn occasion should be able to tell the American people not only that there…
Neomi Rao, U.S. President Donald Trump's nominee to be a U.S. Circuit Court of Appeals judge for the District of Columbia Circuit, testifies during a Senate Judiciary confirmation hearing on Capitol Hill on February 5, 2019 in Washington, DC.

The D.C. Circuit, Conspiracy, and the Guantanamo Military Commissions: Third Time’s the Charm?

Eleven years since Congress authorized the third generation of post-9/11 Guantanamo military commissions, the substantive law governing them remains in doubt. The case of Bahlul…
The U.S. Supreme Court at night.

The Supreme Court’s Attack on Habeas Corpus in DHS v. Thuraissigiam

Refugees are the primary target of the Court’s decision in DHS v. Thuraissigiam, but the the opinion endangers everyone – U.S. citizens included – by reopening settled questions…
Activists in orange jumpsuits and black hoods gather in front of the Federal Building in Los Angeles, California for a demonstration marking the 17th anniversary of the opening of the Guantanamo Bay military base in Cuba.

IACHR Condemns Guantánamo Abuses in First “War on Terror” Decision

On May 27, the Inter-American Commission on Human Rights (IACHR) issued a long-awaited decision in which it held the United States internationally responsible for the torture and…
The US flag at the US Naval Base in Guantanamo Bay, Cuba on August 6, 2013.

Crises of Accountability for U.S. Systemic Abuses of Power

On this International Day in Support of Victims of Torture, the United States is at a crossroads. We will know soon if the country is capable of breaking the cycle of impunity…
The entrance near the new courtroom at Guantanamo Bay, Cuba.

Jurisdiction at Guantanamo: The Case of Long-Term Complicity

The commission should stop asking whether the acts of facilitation occurred during an armed conflict. Rather, the commission should be asking whether the defendants facilitated…
A sign reading, "Office of Military Commissions Expeditionary Legal Complex Guantanamo Bay, Cuba" stands close to where pre-trial hearings are being held for the detainees at the military prison on June 25, 2013 in Guantanamo Bay, Cuba.

Getting It Wrong: The 9/11 Military Commission and the Justiciability of Armed Conflict

In an apparent effort to preserve its own jurisdiction while proceeding towards trial, the 9/11 military commission has made a hash of its armed conflict jurisprudence. It has…
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