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A view of the entrance to the Court of Cassation (Cour de cassation), one of France's courts of last resort having jurisdiction over all matters triable, is pictured on March 21, 2017, on Ils de la Cite, an island in the River Sein in central Paris . (Photo by THOMAS SAMSON / AFP) (Photo credit should read THOMAS SAMSON/AFP via Getty Images)

La France n’est pas un havre de paix pour les auteurs de violations des droits de l’homme, malgré l’avis de la Haute Cour

This article is also available in English here. Traduction fournie par l’auteur Un avis retentissant rendu par la plus haute juridiction française a semé le doute sur…
Feb. 4, 2022 and
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…
Feb. 1, 2022
Image: Left - MONROVIA, LIBERIA – AUGUST 6, 2003: Hundreds of shell casings litter the ground in Monrovia, Liberia, as negotiators try to reach a ceasefire in the country’s brutal civil war. (Chris Hondros/Getty Images) Right - Syrian defendant Anwar R., 57, arrives at court for an unprecedented trial on state-sponsored torture in Syria, on April 23, 2020 at court in Koblenz, western Germany. Prime suspect Anwar R., an alleged former colonel in Syrian state security, stands accused of carrying out crimes against humanity while in charge of the Al-Khatib detention centre in Damascus between April 29, 2011 and September 7, 2012. (Photo by Thomas Lohnes / various sources / AFP). EDITORS NOTE: According to court's ruling, the face of the defendant must be made unrecognizable 

From Syria Torture Trial to Liberian Massacre Case – A Plea for Bolstering Witness Protections in Human Rights Litigation

Witness testimony was key in reaching today's conviction of a former Syrian intelligence official for crimes against humanity. But the testimony placed witnesses and victims at…
Jan. 13, 2022
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.
Jan. 11, 2022
A view of the entrance to the Court of Cassation (Cour de cassation), one of France's courts of last resort having jurisdiction over all matters triable, is pictured on March 21, 2017, on Ils de la Cite, an island in the River Sein in central Paris . (Photo by THOMAS SAMSON / AFP) (Photo credit should read THOMAS SAMSON/AFP via Getty Images)

France Is Not a Safe Haven for Human Rights Abusers – Despite High Court Opinion

The French high court struck a blow against universal jurisdiction recently - but the decision need not doom future cases.
Dec. 9, 2021 and
President of Mexico Andres Manuel Lopez Obrador sits with his arms folded during a presentation of a report on the Ayotzinapa case at Palacio Nacional on September 26, 2020 in Mexico City, Mexico. On September 26, 2014, 43 students of Isidro Burgos Rural School of Ayotzinapa disappeared in Iguala city after clashing with police forces. (Photo by Hector Vivas/Getty Images)

Neither Truth Nor Reconciliation: Mexico’s President Betrays Commitment to Transitional Justice

Yet, regardless of the scale and acceleration of abuses, such concerns are marginalized or avoided at high-level US-Mexico meetings.
Dec. 7, 2021
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.
Dec. 1, 2021 , and 6 more
International Criminal Court Prosecutor Karim Khan listens to the President of the Special Peace Jurisdiction Eduardo Cifuentes during a press conference in Bogota, October 27, 2021.

Uncertain Future for the ICC’s Investigation into the CIA Torture Program

The ICC Office of the Prosecutor has "deprioritized" investigation of CIA torture in Afghanistan. But Julian Elderfield, a former attorney in the OTP, says the stated reasons for…
Nov. 12, 2021
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."
Nov. 8, 2021
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…
Nov. 4, 2021
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.

What Comes Next After a Guantanamo Detainee’s Habeas Win

Afghan national Assadullah Haroon Gul won his habeas case at the D.C. District Court. The United States must expeditiously arrange for his transfer to Afghanistan.
Oct. 21, 2021
A screenshot from C-SPAN showing headshots of the Supreme Court justices. The caption underneath reads, “State Secrets, Torture & CIA Black Sites; Oral Argument; United States v. Zubaydah”

Ruminations on the Abu Zubaydah Supreme Court Oral Argument: Three Surprising Turns

“The Supreme Court oral arguments in U.S. v. Husayn (Abu Zubaydah) took a number of surprising but welcome turns."
Oct. 18, 2021
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