Military Commissions

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The Last, Best Chance for Accountability at Guantanamo? A Negotiated Plea for the 9/11 Defendants

The U.S. should finally resolve the single most important 9/11 case with a plea deal that provides finality for victims' families.
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9/11 Families Pursuing Justice Call for Majid Khan’s Plea Agreement to Be Fulfilled

A powerful and compassionate call for the U.S. government to honor plea agreements, end military commissions, close Guantánamo, and give justice to 9/11 families and Guantánamo…
U.S. President Joe Biden speaks at Mill 19, a former steel mill being developed into a robotics research facility, on the campus of Carnegie Mellon University on January 28, 2022 in Pittsburgh, Pennsylvania. Biden arrived in Pittsburgh for a scheduled visit to promote his bipartisan infrastructure plan hours after at least 10 people were reportedly injured when a major bridge collapsed in the city.

Biden’s Guantanamo Politics are not Obama’s

To the extent that political concerns with moving aggressively toward Guantanamo closure were at one time persuasive among some executive branch officials, they shouldn’t be…
The main gate at the prison in Guantanamo at the US Guantanamo Naval Base on October 16, 2018, in Guantanamo Base, Cuba. A tower with an American flag is seen behind barbed wire fencing.

Biden Team Gets It Right on Inadmissibility of Torture Evidence in Al-Nashiri Case

In a much anticipated brief, the government categorically rejected the use of statements obtained through torture in military commissions and promised not to admit any statements…

Cutting Edge Issues in Year 20 of the Guantánamo Habeas Litigation

After 20 years of Guantánamo litigation, legal questions around detention authority and due process still remain.
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”

There Is a Way to Close Guantanamo

An outline of steps to end the policy of law of war detention, close Guantanamo, and end one of the grimmest chapters of the endless war era.
People in orange jumpsuits and black hoods walk in a single-file line in front of US Capitol building

Defending the Rule of Law Requires Ending Guantanamo Detention

After 20 years, continued Guantanamo detention is unjustifiable.
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. An American flag waves in the background.

The Biden Administration’s Moment of Truth on Torture Evidence

US prosecutors claim the authority to use torture-derived evidence in Al-Nashiri's case, contrary to U.S. domestic and international legal obligations.
A letter dated October 29, 2021. It reads, “From: Panel ICO U.S. vs. Khan; To: Convening Authority; The panel members listed below recommend clemency in the case of Majid Shoukat Khan. Mr. Kahn committed serious crimes against the U.S. and partner nations. He has plead guilty to these crimes and taken responsibility for his actions. Further, he has expressed remorse for the impact of the victims and their families. Clemency is recommended with the following justification: 1) Mr. Khan has been held without the basic due process under the U.S. Constitution. Specifically, he was held without charge or legal representation for nine years until 2021, and held without final sentencing until October 2021. Although designated on ‘alien unprivileged enemy belligerent,’ and not technically afforded the rights of U.S. citizens, the complete disregard for the foundational concepts upon which the Constitution was founded is an affront to American values and concept of Justice. 2) Mr. Khan was subjected to physical and psychological abuse well beyond approved enhanced interrogation techniques, instead being closer to torture performed by the most abusive regimes in modern history. This abuse was of no practical value in terms of intelligence, or any other tangible benefit to U.S. interests. Instead, it is a stain on the moral fiber of America; the treatment of Mr. Khan in the hands of U.S. personnel should be a source of shame for the U.S. government. 3) Mr. Khan committed his crimes as a young man reeling from the loss of his mother. A vulnerable target for extremist recruiting, he fell to influences furthering Islamic radical philosophies, just as many others have in recent years. Now at the age of 41 with a daughter he has never seen, he is remorseful and not a threat for future extremism. It is the view of the penal members below that clemency be granted based on the points above, as well as Mr. Khan’s continued cooperation with us efforts in other, more critical, prosecutions. Panel #1, Panel #8, Panel #5, Panel #9, Panel #12, Panel #4, Panel #11.”

Military Officers’ Handwritten Clemency Letter at Guantanamo – What It Says About Who We Are

"A long step toward the ultimate freedom: the realization that there is no them, there is only us."
A sign for Camp Justice in Guantanamo Bay Naval Base, Cuba. Five flags waive from posts.

A Torture Survivor Speaks at the Guantanamo Military Commissions

Majid Khan described his torture by the United States for the first time in a case that also shows how plea agreements are the only realistic path for those charged in Guantanamo…
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”

Paradigm Shift: The Consequences of Choosing a War Path, and Leaving It

We owe it to the next generation to grapple now with the consequences of remaining at war -- as well as the consequences of choosing not to be -- lest we find ourselves reflexively…
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…
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