Guantanamo

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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”

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.
A prisoner paces in a gated indoor area before evening prayers at the "Gitmo" maximum security detention center on October 22, 2016 at the U.S. Naval Station at Guantanamo Bay, Cuba.

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.
Former chief prosecutor Benjamin Ferencz addresses guests during the inauguration of the new information and documentation center "Memorial Nuremberg Trials", in Nuremberg, southern Germany, on November 21, 2010.

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…
A "Camp Justice" sign at Guantanamo Bay. Four poles waive flags behind the sign.

Course Correction Still Needed on Anti-Torture Obligations

The prohibition on torture is absolute. The government’s commitment to upholding it must be too.
A US Predator unmanned drone armed with a missile stands on the tarmac of Kandahar military airport on June 13, 2010.

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…
Side by side photos of Guantanamo Bay and the DOJ.

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."
An American flag hangs on a wall behind barbed wire.

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…
The old courtroom building, pictured through an opening from inside an airplane hangar used for media activities at Camp Justice, site of the US war crimes tribunal compound at Guantanamo Bay US Naval Base, Cuba, April 9, 2014. A guard stands at the opening of the hanger.

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…
US psychologist James Mitchell speaks with an interviewer at the American Enterprise Institute in Washington, DC on December 6, 2016.

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…
Razor wire lines the fence of the "Gitmo" maximum security detention center on October 22, 2016 at the U.S. Naval Station at Guantanamo Bay, Cuba. A U.S. flag is on the wall behind the fence.

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…
The empty courtroom of the Commissions building where on Tuesday preliminary hearings will begin for four detainees held on the Naval Base is seen August 22, 2004 in Guantanamo, Cuba. Six flags stand at the front of the room.

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…
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