Guantanamo

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A guard tower is seen outside the fencing of Camp 5 at the US Military's Prison in Guantanamo Bay, Cuba on January 26, 2017.

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…
A military officer stands near the entrance to Camp VI at the U.S. military prison for 'enemy combatants' on June 25, 2013 in Guantanamo Bay, Cuba.

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…
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.

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…
A sign at the new International Spy Museum during a media preview ahead of its opening in Washington, DC, May 7, 2019 reads, “Are you prepared to enter the shadow world?”

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…
A sign reading, “Government property no trespassing,” is posted at the U.S. Border Patrol station where lawyers reported that detained migrant children had been held unbathed and hungry in Clint, Texas. June 26, 2019

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.…
The detainee hospital's operating room is seen in Camp Delta which is part of the U.S. military prison for 'enemy combatants' on June 26, 2013 in Guantanamo Bay, Cuba.

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…
House Armed Services Committee ranking member Rep. Adam Smith (D-WA) questions witnesses during a hearing in the Rayburn House Office Building on Capitol Hill April 12, 2018 in Washington, DC.

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…
Tents near the entrance to Camp Justice at the Guantanamo Bay Naval Base - October 24, 2013. The tents at Camp Justice house media, lawyers, human rights observers, and military personnel.

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…
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.

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…
Nawaf, a 22-year-old Bahraini suspected of collaboration for the Islamic State Group (IS) and currently detained by the Kurdish People's Protection Units (YPG), gives an interview at a house near a police station in Rumaylan (Rmeilan) in Syria's northeastern Hasakeh province on February 13, 2018.

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.
A military officer walks from the entrance to Camp VI on June 25, 2013 in Guantanamo Bay, Cuba.

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…
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