Guantanamo
380 Articles

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…

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…