torture

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The old courtroom building, pictured through an opening from inside an airplane hangar used for media activities at Camp Justice, site of the US war crimes tribunal compound at Guantanamo Bay US Naval Base, Cuba, April 9, 2014. A guard stands at the opening of the hanger.

Torture Evidence and the Guantanamo Military Commissions

Burying evidence of torture, while surreptitiously admitting the fruits of torture is not what a decent legal system does. Bringing to justice those accused of atrocious crimes…
US psychologist James Mitchell speaks with an interviewer at the American Enterprise Institute in Washington, DC on December 6, 2016.

Stopping Torture: Why Professional Governance Failed, and How It Can Do Better

Professionals -- psychologists, physicians, lawyers -- played key parts in enabling post-9/11 torture programs. Yet professionalism can also constrain state power. Gregg Bloche…
Razor wire lines the fence of the "Gitmo" maximum security detention center on October 22, 2016 at the U.S. Naval Station at Guantanamo Bay, Cuba. A U.S. flag is on the wall behind the fence.

A Letter to President Biden from a Former Intelligence Officer: Close Guantanamo Bay

There is shame in the knowing. There is greater shame in knowing, and doing nothing. Mr. President, you can do something. End this horrible era of American history.
People gather in the courtroom waiting to hear the verdict to Syrian defendant Eyad al-Gharib on February 24, 2021 in Koblenz, western Germany. Some people wear masks, but not all. Clear barriers are set up around each desk station.

A Drop in the Ocean: A Preliminary Assessment of the Koblenz Trial on Syrian Torture

April 23 marks one year since the start of the Syrian torture trial in Koblenz, Germany. It has already offered some preliminary lessons for future “universal jurisdiction”…
The building and grounds of Germany’s Federal Court of Justice. There is a grassy lawn with a fountain, trees lining the sides, and the building itself is centered.

On Functional Immunity of Foreign Officials and Crimes under International Law

Landmark judgment by Germany’s top criminal court on foreign officials' lack of immunity in war crimes trials. Analysis by renowned scholar, Professor Claus Kress.
US Attorney General Merrick Garland addresses staff on his first day at the US Department of Justice in Washington, DC on March 11, 2021.

How Attorney General Garland Can Strengthen FOIA Implementation

Here's what Attorney General Garland's department-wide memorandum on the Freedom of Information of Act should look like.
A police personnel wearing a face mask crosses a street on foot as military personnel on motorcycles ride in lines toward him as they take part in a rehearsal for the Independence Day Parade in Colombo on February 3, 2021.

Highlighting Sri Lanka’s Abuses to the UN in Reviews and Strategic Litigation

The Human Rights Council should build on the documentation and advocacy NGOs have done over the years to encourage accountability for gross violations.
U.S. President Joe Biden talks with newly sworn in Homeland Security Secretary Alejandro Mayorkas before signing several executive orders directing immigration actions for his administration in the Oval Office at the White House on February 02, 2021 in Washington, DC. Both wear face masks and Mayorkas stands approximately six feet away from the desk President Biden sits at.

Biden’s Asylum EOs and Where to Go from Here

Biden's asylum executive orders are laudable in many respects, but more work is needed to fix an asylum system that was broken well before Trump took office.
The empty courtroom of the Commissions building where on Tuesday preliminary hearings will begin for four detainees held on the Naval Base is seen August 22, 2004 in Guantanamo, Cuba. Six flags stand at the front of the room.

How to Fix the U.S. Litigation Position in Key Pending Cases

The Biden administration has the opportunity, and responsibility, to disavow the Trump administration’s dangerous litigation positions and the ideologies they reflect in these…
Antony Blinken at his confirmation hearing to be Secretary of State before the US Senate Foreign Relations Committee on January 19, 2021 in Washington, DC.

U.S.-ICC Relations Under a Biden Administration: Room to Be Bold

The Trump administration approached the ICC with open and unproductive hostility. Can Biden reset relations? Kip Hale says yes: first, remove sanctions. Second, investigate and…
Seated under a portrait of the Saudi monarch, US Secretary of State Mike Pompeo meets with Saudi Arabia's Crown Prince Mohammed bin Salman at Al Salam Palace in the Red Sea port of Jeddah on June 24, 2019.

Why the State Dept Should Reject Saudi Crown Prince MBS’s Claimed “Immunity”

The State Department refused to recognize head-of-state immunity for another Crown Prince, the UAE’s Mohamed bin Zayed in 2010. The same adherence to international law should…
People carry bags of cocoa at a cocoa exporter's in Abidjan, on July 3, 2019.

Nestlé & Cargill v. Doe Series: Shielding American Corporations from Liability Undermines the United States’ Moral Authority

Corporate defendants argue that courts should let Congress decide if and when to impose liability for human rights abuses abroad. But Congress has already spoken: through the Trafficking…
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