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Closing Gitmo Due to the Epiphany Approach to Habeas Corpus During the Military Commission Circus
50-1, BEJESKY, ME FORMAT.DOC 2/19/2014 7:36 PM CLOSING GITMO DUE TO THE EPIPHANY APPROACH TO HABEAS CORPUS DURING THE MILITARY COMMISSION CIRCUS ROBERT BEJESKY* TABLE OF CONTENTS I. INTRODUCTION ............................................................................... 44 II. DETENTION IN AFGHANISTAN ........................................................ 47 III. GUANTÁNAMO BAY ..................................................................... 53 A. Advantages of Moving Detainees to Guantánamo Bay ..... 53 B. Standard for Detention and Guilt ....................................... 55 1. “Suspected” Terrorists ................................................. 55 2. The Identity of Detainees and the Right to Detain ...... 57 C. Harsh Treatment ................................................................ 60 1. Interrogations and Human Rights Abuses ................... 60 2. Lack of Evidence of Guilt and No Legal Recourse ..... 66 IV. MILITARY TRIBUNALS & SUPREME COURT DECISIONS ................ 68 A. An Obscure System ........................................................... 68 B. Combatant Status ............................................................... 71 C. Due Process Under U.S. and International Law ................ 74 D. Due Process Afforded at Guantánamo .............................. 76 E. Procedures Applicable to U.S. Citizens ............................. 79 1. Three American Detainees .......................................... 79 2. Noncitizen Detainees ................................................... 81 -
Evaluating Extraordinary Rendition Oriane Simon
Evaluating Extraordinary Rendition Oriane Simon A thesis in fulfilment of the requirements for the degree of Doctor of Philosophy School of Physical, Environmental and Mathematical Sciences Faculty of Geography March 2017 Table of Contents Chapter 1 Extraordinary Rendition ................................................................................. 1 1.1 El-Masri’s Extraordinary Rendition ................................................................................. 7 1.2 Why Analyse Extraordinary Rendition? ....................................................................... 21 1.3 Previous Research and My Approach ............................................................................ 27 1.4 My approach ............................................................................................................................ 32 1.5 Thesis Outline ......................................................................................................................... 39 Chapter 2 From Moral and Legal Issues to a Micropolitical Evaluation ......... 43 2.1 Previous Analyses of Extraordinary Rendition.......................................................... 43 2.2 Problematising the Idea of Being ‘Beyond Jurisdiction’ ......................................... 66 2.3 Creativity in Evaluating Extraordinary Rendition .................................................... 81 2.4 Evaluating Extraordinary Rendition .............................................................................. 90 Chapter 3 Transforming Beings ................................................................................... -
Press Release
PRESS RELEASE November 14, 2005 Justice Detained At Guantanamo We recently returned from visiting with several prisoners in Guantánamo Bay's military prison, where there are still hundreds of faceless, uncharged prisoners who have been held for nearly four years without ever seeing an attorney. When many of these prisoners arrived in American custody, they were initially relieved to be in the control of a country that valued justice and due process. Four years later, many just want to die. They starve themselves for long periods of time and attempt bloody suicides. The government responds by forcing tubes down their throats. People are trying to kill themselves to get out of custody, because they have no legal recourse. "They won't let us live, but they won't let us die," one of our clients explained. Suits have been filed on behalf of well over a hundred of these detainees, asking that courts require that the government charge these people with crimes, even war crimes, or let them go. Now some in Congress are actively seeking to strip our courts of their historic habeas corpus jurisdiction to even demand that charges be stated by the government against those it wishes to imprison. There is a mountain of procedure and logistics a lawyer has to climb before meeting clients, including lengthy security clearances. When you finally do meet your clients, you suddenly realize that you are nowhere near the top of that mountain. You still are faced with the daunting task of winning their trust. Prisoners have been interrogated so many times by people pretending to be their lawyers, there is no way to prove that you aren't actually another interrogator. -
March CAN SUBS Cover Final2 1/21/10 11:32 AM Page 1
March CAN SUBS cover Final2 1/21/10 11:32 AM Page 1 EDWARD CONLON: THE POLICE-ENTERTAINMENT COMPLEX HARPER’S MAGAZINE / MARCH 2010 $7.95 ◆ THE GUANTANAMO “SUICIDES” A Camp Delta Sergeant Blows the Whistle By Scott Horton MAMMON FROM HEAVEN The Prosperity Gospel in Recession By Benjamin Anastas THAT’LL BE TWO DOLLARS AND FIFTY CENTS PLEASE A story by Myla Goldberg Also: William H. Gass and Philip Levine ◆ REPORT THE GUANTANAMO “SUICIDES” A Camp Delta sergeant blows the whistle By Scott Horton 1. “ASYMMETRICAL WA RFA R E” Late on the evening of June 9 that following day, the camp quickly went year, three prisoners at Guantánamo into lockdown. The authorities or- When President Barack Obama took died suddenly and violently. Salah dered nearly all the reporters at offi ce last year, he promised to “restore Ahmed Al-Salami, from Yemen, Guantánamo to leave and those en the standards of due process and the was thirty-seven. Mani Shaman Al- route to turn back. The commander core constitutional values at Guantánamo, Rear Ad- that have made this coun- miral Harry Harris, then try great.” Toward that end, declared the deaths “sui- the president issued an ex- cides.” In an unusual ecutive order declaring that move, he also used the an- the extra-constitutional nouncement to attack the prison camp at Guantána- dead men. “I believe this mo Naval Base “shall be was not an act of despera- closed as soon as practica- tion,” he said, “but an act ble, and no later than one of asymmetrical warfare year from the date of this waged against us.” Report- order.” Obama has failed to ers accepted the official fulfill his promise. -
Suicides”: a Camp Delta Sergeant Blows the Whistle by Scott Horton
Archive > 2010 > Jan · Feb January 18, 9:00 AM, 2010 · No Comment · Previous · Next The Guantánamo “Suicides”: A Camp Delta sergeant blows the whistle By Scott Horton 1. “Asymmetrical Warfare” When President Barack Obama took office last year, he promised to “restore the standards of due process and the core constitutional values that have made this country great.” Toward that end, the president issued an executive order declaring that the extra- constitutional prison camp at Guantánamo “shall be closed as soon as practicable, and no later than one year from the date of this order.” Obama has failed to fulfill his promise. Some prisoners are being charged with crimes, others released, but the date for closing the camp seems to recede steadily into the future. Furthermore, new evidence now emerging This is the full text of an exclusive advance feature by Scott Horton may entangle Obama’s young administration with that will appear in the March 2010 crimes that occurred during the Bush presidency, Harper’s Magazine. The issue will evidence that suggests the current administration be available on newsstands the week of February 15. failed to investigate seriously—and may even have continued—a cover-up of the possible homicides of three prisoners at Guantánamo in 2006. Late in the evening on June 9 that year, three prisoners at Guantánamo died suddenly and violently. Salah Ahmed Al-Salami, from Yemen, was thirty-seven. Mani Shaman Al-Utaybi, from Saudi Arabia, was thirty. Yasser Talal Al-Zahrani, also from Saudi Arabia, was twenty-two, and had been imprisoned at Guantánamo since he was captured at the age of seventeen. -
Guidelines for the Use of Body-Worn Cameras by Law Enforcement
GUIDELINES FOR THE USE OF BODY-WORN CAMERAS BY LAW ENFORCEMENT A Guide to Protecting Communities and Preserving Civil Liberties December 2016 GUIDELINES FOR THE USE OF BODY-WORN CAMERAS BY LAW ENFORCEMENT A Guide to Protecting Communities and Preserving Civil Liberties December 2016 The Constitution Project® sponsors independent, bipartisan committees to address a variety of important constitutional issues and to pro- duce consensus reports and recommendations. The views and conclusions expressed in Constitution Project reports, statements, and other material do not necessarily reflect the views of members of its Board of Directors or Board of Advisors. Copyright © 2016 by The Constitution Project®. All rights reserved. No part may be reproduced, stored in a retrieval system, or trans- mitted, in any form, or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of The Constitution Project. For information about this report, or any other work of The Constitution Project, please visit our website at www.constitutionproject.org or e-mail us at [email protected]. Cover photograph: Denver Post / Craig F. Walker THE CONSTITUTION PROJECT COMMITTEE ON POLICING REFORMS Signatories to the Report Kami Chavis, Co-Chair Catherine Crump Professor of Law and Director of the Criminal Justice Assistant Clinical Professor, Berkeley Law School; Program, Wake Forest University School of Law Associate Director, Samuelson Law, Technology & Public Policy Clinic James Trainum, Co-Chair Criminal Case -
War Crimes Prosecution Watch, Vol. 14, Issue 14 -- August 17, 2019
PILPG Logo Case School of Law Logo War Crimes Prosecution Watch Editor-in-Chief Alexandra Hassan FREDERICK K. COX Volume 14 - Issue 14 INTERNATIONAL LAW CENTER August 17, 2019 Technical Editor-in-Chief Kurt Harris Founder/Advisor Michael P. Scharf Managing Editors Gloria Neilson Faculty Advisor Mary Preston Jim Johnson War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world. To subscribe, please email [email protected] and type "subscribe" in the subject line. Opinions expressed in the articles herein represent the views of their authors and are not necessarily those of the War Crimes Prosecution Watch staff, the Case Western Reserve University School of Law or Public International Law & Policy Group. Contents AFRICA NORTH AFRICA Libya Libya to close ‘inhuman’ migrant detention centres after outcry (BBC News) Libya conflict: Drone strike kills dozens (BBC News) Libya’s Foreign Ministry: Evidence of Haftar’s crimes is under investigation by ICC (The Libya Observer) Car bomb explodes in Libya’s Benghazi, killing two U.N. staff - medics (Reuters) Eid el-Adha truce in Libya: P3+2 statement (GOV.UK) ‘Palpable reduction’ in violence following Eid truce says Libya Mission, as UN investigates deadly bombing which left 3 staff dead (UN News) CENTRAL AFRICA Central African Republic C.Africa Peace Deal Fragile, 6 Months On: UN Report (Urdu Point) Central -
United States District Court for the District of Columbia
Case 1:10-cv-01702-ESH Document 1 Filed 10/05/10 Page 1 of 44 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ABDUL RAHIM ABDUL RAZAK AL JANKO, c/o Paul L. Hoffman 723 Ocean Front Walk Venice, CA 90291 Plaintiff, C.A. No:____________ vs. COMPLAINT FOR DAMAGES; JURY ROBERT M. GATES TRIAL DEMANDED Secretary of Defense Department of Defense 1000 Defense Pentagon Washington, DC 20301-1400 DONALD RUMSFELD Fmr. Secretary of Defense Department of Defense 1000 Defense Pentagon Washington, DC 20301-1000 PAUL WOLFOWITZ Fmr. Deputy Secretary of Defense Department of Defense 1000 Defense Pentagon Washington, DC 20301-1000 GORDON ENGLAND Fmr. Secretary of the Navy United States Navy Navy Pentagon Washington, DC 20350-2000 REAR ADM. JAMES M. McGARRAH Fmr. Director of the Office for the Administrative Review Of the Detention of Enemy Combatants c/o United States Navy Navy Pentagon Washington, DC 20350-2000 RICHARD B. MYERS Fmr. Chairman, Joint Chiefs of Staff 999 Joint Chiefs of Staff Pentagon Washington, D.C. 20318 PETER PACE Fmr. Chairman, Joint Chiefs of Staff 999 Joint Chiefs of Staff Pentagon Case 1:10-cv-01702-ESH Document 1 Filed 10/05/10 Page 2 of 44 Washington, D.C. 20318 MICHAEL GLENN “MIKE” MULLEN Chairman, Joint Chiefs of Staff 999 Joint Chiefs of Staff Pentagon Washington, D.C. 20318 GARY SPEER Fmr. Acting Commander-in-Chief, U.S. Southern Command c/o United States Army Army Pentagon Washington, D.C. 20310-0200 JAMES T. HILL Fmr. Commander, United States Southern Command c/o United States Army Army Pentagon Washington, D.C. -
“They Are Our Prisoners:” the Gitmo Uighurs and the Making of the United States
Vassar College Digital Window @ Vassar Senior Capstone Projects 2014 “They are our Prisoners:” The itmoG Uighurs and the Making of the United States Olivia May Follow this and additional works at: http://digitalwindow.vassar.edu/senior_capstone Recommended Citation May, Olivia, "“They ra e our Prisoners:” The itmoG Uighurs and the Making of the United States" (2014). Senior Capstone Projects. 305. http://digitalwindow.vassar.edu/senior_capstone/305 This Open Access is brought to you for free and open access by Digital Window @ Vassar. It has been accepted for inclusion in Senior Capstone Projects by an authorized administrator of Digital Window @ Vassar. For more information, please contact [email protected]. “They are our Prisoners:” The Gitmo Uighurs and the Making of the United States Olivia May May 2014 Senior Thesis Submitted in partial fulfillment of the requirements for the Bachelor of Arts degree in Geography ________________________________________________ Adviser, Professor Joseph Nevins Table of Contents Acknowledgements ......................................................................................................... 3 A note on terminology .................................................................................................... 4 Chapter 1: The Gitmo Uighurs An Introduction to territory and the War on Terror ...................................... 5 Chapter 2: The International Scale: Moving within the global homeland .............................................................23 Chapter 3: The National -
Guantanamo Bay and the Conflict of Ethical Lawyering
Guantanamo Bay and the Conflict of Ethical Lawyering Dana Carver Boehm* ABSTRACT The Guantanamo Bay military commissions have been the subject of intense national and international debate since they were announced months after the September 11th attacks. This important debate largely has focused on the perennial tension between liberty and security on the one hand and the somewhat technical legal questions regarding the constitutionality of prescribed procedures on the other. As significant as these issues are, the discussion generally has ignored an element of the military commissions that profoundly shapes how national security, civil liberties, and the experience of criminal justice actually occurs: the way that lawyers charged with prosecuting and defending these cases pursue their professional duties as lawyers. This Article considers the unique institutional identities, organizational context, ethical obligations, and professional incentives of the commissions’ military lawyers, analyzing how they shape and are shaped by participation in the Guantanamo Bay military commission system. This analysis is important not just as a framework for understanding the troubled history of the commissions, nor only as an interesting case study of organizational dynamics and identity theory. Rather, a close look at the institutional identities, ethical obligations, and professional incentives of the military commission lawyers reveals that the military commission system is in desperate need of reform not simply on the basis of constitutional concerns, but on the basis of legal ethics. This Article argues that the institutional identity of the Judge Advocate General’s Corps (JAG) lawyers who operate the military commission system influences these lawyers’ response to the challenging * Dean’s Scholar and Visiting Researcher, Center on National Security and the Law, Georgetown University Law Center.