Military Commissions
144 Articles

“With a Little Help from Our Friends”: Prosecuting the ISIL “Beatles” in U.S. Courts
Civilian prosecution in U.S. courts remains by far the best option for reliably bringing the two ISIL detainees in U.S. custody to justice. The DoJ should look closely at whether…

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…

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…

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…

The September 11 Military Commissions Trudge On
Nearly two decades after the September 11 attacks, we are still waiting for justice to be administered to the majority of the Al Qaeda suspects being held at Guantanamo—including…

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…

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…

Brett Kavanaugh and the Risk of a Return to Torture
Brett Kavanaugh, holds a stark view of the role of international law, which could threaten the protection of fundamental human rights, including the right not to be tortured.

The Future of the US Military Commissions: Legal and Policy Issues
The American Bar Association releases significant new report on fate of military commissions at Guantanamo. Judge Jamie Baker and Laura Dickinson served on the Committee and highlight…

Episode 59 of the National Security Law Podcast: Share the Cookies
We don’t lack for topics this week! In today’s episode, Professor Chesney and I eat a number of cookies while talking about the following: Rachel Brand steps down at DOJ. …

Two Updates in Mass Guantanamo Habeas Case
A U.S. military guard carries shackles before moving a detainee inside the U.S. detention center for ‘enemy combatants’ on September 16, 2010 in Guantanamo Bay, Cuba.…

16 Years Since Gitmo: A New Chapter in Indefinite Detention Begins
As activists marked the 16th anniversary of Guantanamo Bay’s transformation into a military prison with nationwide rallies, a new and disturbing chapter is unfolding in our Kafkaesque…