Guantanamo
369 Articles
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 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…
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…
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…
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…
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…
Guantanamo’s COVID-19 Precautions Must Safeguard Detainees’ Rights
Even if the virus does not reach the detainees, some of the precautions that Guantanamo is taking could at once undermine detainees’ rights, including access to counsel, and…
The U.S.-Taliban Agreement: Not a Ceasefire, or a Peace Agreement, and Other International Law Issues
Beatrice Walton explains the continuing lack of clarity concerning the terms of the recent Afghan peace deal and its potential effects moving forward.
Guantanamo’s Ugly Taint on U.S. Diplomacy
Watching the Guantanamo proceedings from behind the courtroom's safety glass brings to mind a different prison, halfway around the world, in Egypt.
D.C. Circuit Considers Limits on Guantanamo Detention
The court will hear oral arguments today in Abdul Razak Ali v. Trump on the central question of whether the Due Process Clause applies to limit the length of detention at Guantanamo…
9/11 Case: Military Commission Convening Authority to Be Called as a Witness as to His Own Bias
W. Shane Cohen, the current judge presiding over the 9/11 case at Guantánamo Bay, has ordered the compulsion of testimony from the Office of Military Commissions’ convening…
18 Years After 9/11, Why Is Guantánamo Still Open?
That a child born on that day the planes hit would by now have gained the right to vote, but there has yet to be a trial of the alleged attackers, serves to highlight how painfully…