Guantanamo
384 Articles

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…

New Spy Museum’s Torture Exhibit Glosses Over Depravity
If any visitor to the new International Spy Museum in Washington D.C. leaves the exhibit without a clear understanding that the CIA torture program was immoral, illegal, and counterproductive…

We Treat America’s Wartime Detainees Better Than Migrant Children
Migrant children held in temporary government custody should be detained in conditions superior to those of enemy fighters detained during wartime. Today, it appears they are not.…

Deprivation and Despair: The Crisis of Medical Care at Guantánamo
The Center for Victims of Torture, along with Physicians for Human Rights, released a joint report today finding that Guantánamo’s medical care system has long been broken in…

What’s In the New Draft National Defense Authorization Act
"The baseline draft bill, which is also called the chairman’s mark, touches on key issues ranging from the militarization of the southern border to deterring Russia and reemphasizing…

For the Military Commissions, a Fork in the Road on Torture
“It’s time for everyone to admit that the Guantanamo military commissions have failed.” That’s what Steve Vladeck wrote last month in a characteristically excellent post discussing…

Al-Nashiri III: A No Good, Very Bad Day for U.S. Military Commissions
A stunning, unanimous opinion of the DC Court of Appeals throws out every single pretrial order issued over the past 3 1/2 years in case of Al-Nashiri. What this says about the…

Shifted Burdens: The U.S. as Detainer of Last Resort
The United States should resist become a detainer of last resort when states refuse to repatriate their nationals being detained in Syria.

The Status of Guantanamo 17 Years In
Seventeen years ago today, the United States brought twenty Afghan men, alleged to be members of the Taliban or al-Qaeda, to its Naval Base at Guantanamo Bay, Cuba. Images of the…

The “ISIS Beatles” and “Non-Territorial” Application of the European Convention of Human Rights
The “ISIS Beatles” litigation in UK courts raises important issues about the geographic reach and content of human rights obligations, in particular those in the European Convention…