DOCSLIB.ORG

General Assembly Distr

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
General Assembly Distr UNITED NATIONS A General Assembly Distr. GENERAL A/HRC/6/17/Add.3 22 November 2007 Original: ENGLISH HUMAN RIGHTS COUNCIL Sixth session Agenda item 3 PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS, CIVIL, POLITICAL, ECONOMIC, SOCIAL AND CULTURAL RIGHTS, INCLUDING THE RIGHT TO DEVELOPMENT Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Martin Scheinin Addendum MISSION TO THE UNITED STATES OF AMERICA* * The summary of this mission report is being circulated in all official languages. The report itself contained in the annex to the summary is being circulated in the language of submission only. The footnotes to the report are circulated as received in the language of submission only. GE.07-14955 (E) 271107 A/HRC/6/17/Add.3 page 2 Summary The Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Martin Scheinin, visited the United States of America from 16 to 25 May 2007, during which he met with senior officials of the Government, members of Congress and their staff, academics and non-governmental organizations, as well as with the Inter-American Commission on Human Rights. The objective of the visit was to undertake a fact-finding exercise and a legal assessment of United States law and practice in the fight against terrorism, measured against international law. His visit also aimed at identifying and disseminating best practice in the countering of terrorism. Chapter I of this report considers the role of the United States in countering terrorism, concluding that it has a special responsibility in the protection of human rights while countering terrorism. The Special Rapporteur identifies his visit to the United States as one step in the process of restoring its role as a positive example for respecting human rights, even in the context of the fight against terrorism. He also strongly encourages the United States to take a strong role in and give support for the United Nations led effort in countering terrorism and implementing the United Nations Global Counter-Terrorism Strategy. The Special Rapporteur concludes that the international fight against terrorism is not a “war” in the true sense of the word, and reminds the United States that even during an armed conflict triggering the application of international humanitarian law, international human rights law continues to apply. He reiterates that international human rights law is also binding upon a State in respect of any person subject to its jurisdiction, even when it acts outside its territory. Military detention facilities are considered in Chapter II. In the context of detainees at Guantánamo Bay, the Special Rapporteur concludes that the categorization of detainees as “unlawful enemy combatants” is a term of convenience without legal effect. He expresses grave concern about the inability of detainees to seek full judicial review of determinations as to their combatant status, which amounts to non-compliance with the International Covenant on Civil and Political Rights’ prohibitions against arbitrary detention, the right to judicial review capable of ordering release, and the right to a fair trial within a reasonable time. Noted also is the purported exclusion of habeas corpus rights under the Military Commissions Act of 2006. He urges continued and determined action towards the expressed wish of the United States to move towards closure of Guantánamo Bay. The Special Rapporteur also reminds the United States and other States responsible for the detention of persons in Afghanistan and Iraq that these detainees also have the right to a fair trial within a reasonable time if suspected of a crime or, failing this, to release. The Special Rapporteur considers, in chapter III, the use of military commissions to try terrorist suspects. He identifies jurisdictional problems regarding certain offences (terrorism, providing material support for terrorism, wrongfully aiding the enemy, spying, and conspiracy) which do not form part of the laws of war and, to the extent that applicable offence provisions were not in force at the time of the commission of conduct in respect of which detainees might be charged, involve the retrospective application of criminal law. He further notes that the Government’s justification for military commissions is incorrect as a matter of fact because ordinary courts martial have had the jurisdiction to try violations of the laws of armed conflict since 1916 under the Uniform Code of Military Justice, and that the nexus between the events of 11 September and United States citizens would allow ordinary courts to try other offences A/HRC/6/17/Add.3 page 3 such as conspiracy and terrorism. As to the composition and operation of military commissions, the Special Rapporteur next considers issues surrounding the independence of the commissions, their potential use to try civilians, and their lack of appearance of impartiality. He also addresses various matters concerning the use and availability of evidence in proceedings before military commissions, their ability to impose the death penalty, and the consequences of acquittal or completion of sentence following conviction. Chapter IV first turns to the question of the interrogation of terrorist suspects, considering both the Central Intelligence Agency (CIA) programme of “enhanced interrogation techniques” and interrogation methods outlined in the revised United States Army Field Manual. The Special Rapporteur addresses the “extraordinary rendition” of terrorist suspects, and their detention in “classified locations”, and the accountability of those responsible for conducting interrogation by techniques amounting to torture or cruel, inhuman or degrading treatment. The Special Rapporteur considers, in chapters V and VI, issues relating to the definitions of terrorism under United States law, the alleged targeted killings of terrorist suspects by United States agents, the provision of compensation to victims of terrorism, profiling, community outreach, and immigration and refugee status. Privacy and surveillance are matters examined in chapter VII, including consideration of a programme of secret surveillance by the National Security Agency, authorized by an Executive Order of the President of the United States, and the use by the Federal Bureau of Investigation and other intelligence services of National Security Letters to expedite access to private records. Finally, the Special Rapporteur reiterates his conclusions and formulates recommendations for consideration by the Government. A/HRC/6/17/Add.3 page 4 Annex REPORT OF THE SPECIAL RAPPORTEUR ON THE PROMOTION AND PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS WHILE COUNTERING TERRORISM ON HIS VISIT TO THE UNITED STATES OF AMERICA (16-25 MAY 2007) CONTENTS Paragraphs Page I. INTRODUCTION ............................................................................. 1 - 10 6 A. Role of the United States in countering terrorism ....................... 3 - 5 6 B. The framework of public international law ................................. 6 - 10 7 II. MILITARY DETENTION FACILITIES .......................................... 11 - 18 9 A. Guantánamo Bay detainees as “unlawful enemy combatants” .... 11 - 15 9 B. Closure of Guantánamo Bay ........................................................ 16 - 17 11 C. Detainees in Afghanistan and Iraq ............................................... 18 12 III. THE USE OF MILITARY COMMISSIONS TO TRY TERRORIST SUSPECTS ........................................................ 19 - 32 12 A. Jurisdiction of military commissions ........................................... 20 - 22 12 B. Composition of military commissions ......................................... 23 - 25 13 C. Use and availability of evidence .................................................. 26 - 28 14 D. Equality of arms ........................................................................... 29 15 E. Trial of civilians ........................................................................... 30 15 F. Death penalty ............................................................................... 31 16 G. Consequences of acquittal ........................................................... 32 16 IV. INTERROGATION, RENDITION, AND DETENTION IN SECRET LOCATIONS OF TERRORIST SUSPECTS .................... 33 - 39 16 A. CIA programme of “enhanced interrogation techniques” ........... 33 - 34 16 B. United States Army Field Manual ............................................... 35 17 A/HRC/6/17/Add.3 page 5 CONTENTS (continued) Paragraphs Page C. Rendition and detention in “classified locations” ....................... 36 - 38 17 D. Accountability of those responsible for conducting interrogation by techniques amounting to torture, or cruel, inhuman or degrading treatment ................................... 39 19 V. DEFINITIONS OF TERRORISM, TARGETED KILLINGS, AND VICTIMS OF TERRORISM ................................................... 40 - 44 19 A. Definitions of terrorism ............................................................... 40 - 41 19 B. Targeted killings .......................................................................... 42 20 C. Victims of terrorism .................................................................... 43 - 44 20 VI. PROFILING, COMMUNITY OUTREACH, AND IMMIGRATION AND REFUGEE STATUS ................................... 45 - 48 21 A. Profiling ......................................................................................
Load more

Recommended publications
  • Who Are the Guantánamo Detainees? CASE SHEET 15 Yemeni National: Abdulsalam Al-Hela 11 January 2005 AI Index: AMR 51/206/2005
    USA Who are the Guantánamo detainees? CASE SHEET 15 Yemeni national: Abdulsalam al-Hela 11 January 2005 AI Index: AMR 51/206/2005 Full name: Abdulsalam al-Hela Nationality: Yemeni Occupation: Businessman Age: 34 Family status: Married with two children “Contact with him suddenly stopped…when we called him, his mobile phone rang but there was no answer”. Abdulsalam al-Hela’s brother, talking of his brother’s “disappearance” Abdulsalam al-Hela is a businessman from Sana’a, Yemen. In September 2002 he is believed to have travelled to Egypt for a meeting with Arab Contractors, an Egyptian construction firm for which he was the Yemeni representative. While there he phoned his family regularly. On the last occasion he called, his brother stated that he sounded nervous and worried, and that he had to go to a meeting. He was unwilling to say any more over the telephone. It was last time Abdulsalam al-Hela’s family would hear from him for over a year, and then it would be through a letter smuggled out of a prison in Afghanistan. Abdulsalam al-Hela appears to have been abducted by the Egyptian authorities and handed over to US officials. Abdulsalam al-Hela is convinced that the USA and Egypt conspired to lure him to Egypt with the express intention of “disappearing” him in order to interrogate him about his contacts in Yemen. As a result he became a victim of the US practice of rendition and secret detention, being taken from country to country without any recourse to a court, access to lawyers or contact with his family.
    [Show full text]
  • Guantanamo and Citizenship: an Unjust Ticket Home
    Case Western Reserve Journal of International Law Volume 37 Issue 2 Article 19 2006 Guantanamo and Citizenship: An Unjust Ticket Home Rory T. Hood Follow this and additional works at: https://scholarlycommons.law.case.edu/jil Part of the International Law Commons Recommended Citation Rory T. Hood, Guantanamo and Citizenship: An Unjust Ticket Home, 37 Case W. Res. J. Int'l L. 555 (2006) Available at: https://scholarlycommons.law.case.edu/jil/vol37/iss2/19 This Note is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Journal of International Law by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. GUANTANAMO AND CITIZENSHIP: AN UNJUST TICKET HOME? Rory T. Hood t "Trying to get Uganda to take an interest is pretty difficult; [JamalAbdul- lah Kiyemba has] been here since he was 14. 1 am asking the [Foreign Of- fice] whether they will allow him to apply for citizenship from Guan- tanamo Bay. If you are out of the countryfor more than two years, it can be counted against you. He probably has now been-but not of his own free will.' -Louise Christian - Atty. representing Jamal Abdullah Kiyemba I. INTRODUCTION Jamal Abdullah Kiyemba, Bisher al-Rawi, Jamil al-Banna, Shaker Abdur-Raheem Aamer, and Omar Deghayes are currently in the custody of the United States government at Guantanamo Bay, Cuba.2 A citizen of Uganda, an Iraqi exile, a Jordanian refugee, a Saudi citizen, and a Libyan exile, respectively, these men form an unlikely group; yet, each share one common trait.
    [Show full text]
  • Omar Khadr's Legal Odyssey: the Erasure of Child Soldier As a Legal
    GEORGIA JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW(DO NOT DELETE) 4/18/2018 1:10 PM OMAR KHADR’S LEGAL ODYSSEY: THE ERASURE OF CHILD SOLDIER AS A LEGAL CATEGORY M. Mehdi Ali* TABLE OF CONTENTS I. INTRODUCTION ............................................................................... 348 II. FACTS .............................................................................................. 349 III. LEGAL BACKGROUND ..................................................................... 351 IV. LEGAL ARGUMENTS ........................................................................ 359 V. CONCLUSION ................................................................................... 367 * J.D., Stanford Law School; M.A., Stanford University; B.A., Stanford University. I am deeply grateful to my parents, Nisar and Mehnaz, and my wife, Sarah, for always encouraging me throughout my academic career. I am also thankful to my siblings, Hadi and Heraa, for their unwavering support, and for their excellent comments and suggestions to an earlier draft of this Article. Lastly, it was a great privilege to work with the editors at the Georgia Journal of International and Comparative Law, and I am indebted to them for their hard work and thoughtful feedback. 347 GEORGIA JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW (DO NOT DELETE) 4/18/2018 1:10 PM 348 GA. J. INT’L & COMP. L. [Vol. 46:347 I. INTRODUCTION After the terrorist attacks of September 11, 2001, U.S. officials warned the American public that they were facing a “new kind of war.”1 The scale of the attacks, conducted by a foreign enemy on the American homeland, allowed the administration to exceed institutional restraints built into the political system. In the name of security, the government launched two wars, rounded up thousands of individuals on the basis of national origin, and dramatically altered long-held notions of liberty and due process.
    [Show full text]
  • United States District Court Eastern District Of
    Case 2:15-cv-00286-JLQ ECF No. 239 filed 08/07/17 PageID.9393 Page 1 of 43 1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF WASHINGTON 4 5 SULEIMAN ABDULLAH SALIM, et al., ) ) 6 ) No. CV-15-0286-JLQ Plaintiffs, ) 7 ) MEMORANDUM OPINION ) RE: MOTIONS FOR SUMMARY 8 vs. ) JUDGMENT ) 9 ) JAMES E. MITCHELL and JOHN ) 10 JESSEN, ) ) 11 Defendants. ) ___________________________________ ) 12 BEFORE THE COURT are Defendants’ Motion for Summary Judgment (ECF No. 13 169), Plaintiffs’ Motion for Partial Summary Judgment (ECF No. 178), and Defendants’ 14 Motion to Exclude (ECF No. 198). Response and Reply briefs have been filed and 15 considered. The parties have submitted a voluminous record of over 4,000 pages of 16 evidentiary exhibits. The court heard oral argument on the Motions on July 28, 2017. 17 James Smith, Henry Schuelke, III, Brian Paszamant, and Christopher Tompkins appeared 18 for Defendants James Mitchell and John Jessen. Hina Shamsi, Steven Watt, Dror Ladin, 19 Lawrence Lustberg, and Jeffry Finer appeared for Plaintiffs Suleiman Abdullah Salim, 20 Mohamed Ahmed Ben Soud, and Obaid Ullah. The court issued its preliminary oral 21 ruling. This Opinion memorializes and supplements the court’s oral ruling. 22 I. Introduction and Factual Allegations from Complaint 23 The Complaint in this matter alleges Plaintiffs Suleiman Abdullah Salim (“Salim”), 24 Mohamed Ahmed Ben Soud (“Soud”), and Gul Rahman (“Rahman”)1(collectively herein 25 Plaintiffs) were the victims of psychological and physical torture. Plaintiffs are all 26 27 1Obaid Ullah is the personal representative of the Estate of Gul Rahman. 28 ORDER - 1 Case 2:15-cv-00286-JLQ ECF No.
    [Show full text]
  • Enemy Combatants, the Courts, and the Constitution
    Oklahoma Law Review Volume 56 Number 3 1-1-2003 Enemy Combatants, the Courts, and the Constitution Roberto Iraola Follow this and additional works at: https://digitalcommons.law.ou.edu/olr Part of the Criminal Procedure Commons, International Law Commons, and the Military, War, and Peace Commons Recommended Citation Roberto Iraola, Enemy Combatants, the Courts, and the Constitution, 56 OKLA. L. REV. 565 (2003), https://digitalcommons.law.ou.edu/olr/vol56/iss3/3 This Article is brought to you for free and open access by University of Oklahoma College of Law Digital Commons. It has been accepted for inclusion in Oklahoma Law Review by an authorized editor of University of Oklahoma College of Law Digital Commons. For more information, please contact [email protected]. OKLAHOMA LAW REVIEW VOLUME 56 FALL 2003 NUMBER 3 ENEMY COMBATANTS, THE COURTS, AND THE CONSTITUTION ROBERTO IRAOLA* L Introduction Three days after the September 11 attacks, when al Qaeda terrorists hijacked and crashed four commercial jetliners into the World Trade Center, the Pentagon, and the Pennsylvania countryside, killing over 3100 people,' Congress passed a joint resolution authorizing the use of military force against those responsible.2 President George W. Bush responded by sending troops to Afghanistan to fight al Qaeda and its supporter, the Taliban regime.' During the military operation that ensued, thousands of prisoners were captured by allied and American forces.4 Many of those captured are * Senior Advisor to the Deputy Assistant Secretary for Law Enforcement and Security, Department of the Interior. J.D., 1983, Catholic University Law School. The views expressed herein are solely those of the author.
    [Show full text]
  • Al-Qaeda & Taliban Unlawful Combatant
    AL-QAEDA & TALIBAN UNLAWFUL COMBATANT DETAINEES,..., 55 A.F. L. Rev. 1 55 A.F. L. Rev. 1 Air Force Law Review 2004 Article AL-QAEDA & TALIBAN UNLAWFUL COMBATANT DETAINEES, UNLAWFUL BELLIGERENCY, AND THE INTERNATIONAL LAWS OF ARMED CONFLICT Lieutenant Colonel (s) Joseph P. “Dutch” Bialkea1 Copyright © 2004 by Lieutenant Colonel (s) Joseph P. “Dutch” Bialke I. INTRODUCTION International Obligations & Responsibilities and the International Rule of Law The United States (U.S.) is currently detaining several hundred al-Qaeda and Taliban unlawful enemy combatants from more than 40 countries at a multi-million dollar maximum-security detention facility at the U.S. Naval Base in Guantanamo Bay, Cuba. These enemy detainees were captured while engaged in hostilities against the U.S. and its allies during the post-September 11, 2001 international armed conflict centered primarily in Afghanistan. The conflict now involves an ongoing concerted international campaign in collective self-defense against a common stateless enemy dispersed throughout the world. Domestic and international human rights organizations and other groups have criticized the U.S.,1 arguing that al-Qaeda and Taliban detainees in Cuba should be granted Geneva Convention III prisoner of war (POW)2status. They contend broadly that pursuant to the international laws of armed conflict (LOAC), combatants captured during armed conflict must be treated equally and conferred POWstatus. However, no such blanket obligation exists in international law. There is no legal or moral equivalence in LOAC between lawful combatants and unlawful combatants, or between lawful belligerency *2 and unlawful belligerency (also referred to as lawful combatantry and unlawful combatantry).
    [Show full text]
  • Military Commissions: a Place Outside the Law’S Reach
    MILITARY COMMISSIONS: A PLACE OUTSIDE THE LAW’S REACH JANET COOPER ALEXANDER* “We have turned our backs on the law and created what we believed was a place outside the law’s reach.” Colonel Morris D. Davis, former chief prosecutor of the Guantánamo military commissions1 Ten years after 9/11, it is hard to remember that the decision to treat the attacks as the trigger for taking the country to a state of war was not inevitable. Previous acts of terrorism had been investigated and prosecuted as crimes, even when they were carried out or planned by al Qaeda.2 But on September 12, 2001, President Bush pronounced the attacks “acts of war,”3 and he repeatedly defined himself as a “war president.”4 The war * Frederick I. Richman Professor of Law, Stanford Law School. I would like to thank participants at the 2011 Childress Lecture at Saint Louis University School of Law and a Stanford Law School faculty workshop for their comments, and Nicolas Martinez for invaluable research assistance. 1 Ed Vulliamy, Ten Years On, Former Chief Prosecutor at Guantanamo Slams ‘Camp of Torture,’ OBSERVER, Oct. 30, 2011, at 29. 2 Previous al Qaeda attacks that were prosecuted as crimes include the 1993 bombing of the World Trade Center, the Manila Air (or Bojinka) plot to blow up a dozen jumbo jets, and the 1998 embassy bombings in East Africa. Mary Jo White, Prosecuting Terrorism in New York, MIDDLE E.Q., Spring 2001, at 11, 11–14; see also Christopher S. Wren, U.S. Jury Convicts 3 in a Conspiracy to Bomb Airliners, N.Y.
    [Show full text]
  • Download This Article As A
    YOU SAY DEFENDANT, I SAY COMBATANT: OPPORTUNISTIC TREATMENT OF TERRORISM SUSPECTS HELD IN THE UNITED STATES AND THE NEED FOR DUE PROCESSAI JESSELYN A. RADACK* "[S]hould the Government determine that the defendant has engaged in conduct proscribed by the offenses now listed.., the United States may... capture and detain the defendant as an unlawful enemy com- 1 batant." - Plea Agreement of "American Taliban" John Walker Lindh "You are not an enemy combatant-you are a terrorist. You are not a 2 soldier in any way-you are a terrorist." - U.S. District Court Judge William G. Young to "shoe bomber" Richard Reid "[Enemy combatants] are not there because they stole a car or robbed a bank .... They are not common criminals. They're enemy combatants and terrorists who are being detained for acts of war against our coun- 3 try and this is why different rules have to apply." - U.S. Secretary of Defense Donald H. Rumsfeld A EDITOR'S NOTE: After this article was completely written and accepted for publication, the Supreme Court ruled in Hamdi v. Rumsfeld, as author Radack proposed with great foresight, that the Mathews v. Eldridge balancing test provides the appropriate analysis for the type of process that is constitutionally due to a detainee seeking to challenge his or her classification as an "enemy combatant." See Hamdi v. Rumsfeld, 124 S.Ct. 2633 (2004). *A.B., Brown University, 1992; J.D., Yale Law School, 1995. The author is Founder and Execu- tive Director of the Coalition for Civil Rights and Democratic Liberties (http://www.cradl.info).
    [Show full text]
  • Guantánamo and Its Aftermath
    Guantánamo and Its Aftermath u.s. detention and interrogation practices and their impact on former detainees November 2008 Human Rights Center International Human Rights Law Clinic In partnership with University of California, Berkeley University of California, Berkeley Center for Constitutional Rights Guantánamo and Its Aftermath u.s. detention and interrogation practices and their impact on former detainees Laurel E. Fletcher Eric Stover with Stephen Paul Smith Alexa Koenig Zulaikha Aziz Alexis Kelly Sarah Staveteig Nobuko Mizoguchi November 2008 Human Rights Center University of California, Berkeley International Human Rights Law Clinic University of California, Berkeley, School of Law In partnership with Center for Constitutional Rights ISBN# 978-0-9760677-3-3 Human Rights Center and International Human Rights Law Clinic, University of California, Berkeley Cover photos: Louie Palu/ZUMA Design: Melanie Doherty Design, San Francisco Human Rights Center, University of California, Berkeley The Human Rights Center promotes human rights and international justice worldwide and trains the next generation of human rights researchers and advocates. We believe that sustainable peace and devel- opment can be achieved only through efforts to prevent human rights abuses and hold those responsible for such crimes accountable. We use empirical research methods to investigate and expose serious viola- tions of human rights and international humanitarian law. In our studies and reports, we recommend specific policy measures that should be taken by governments and international organizations to protect vulnerable populations in times of war and political and social upheaval. For more information, please visit hrc.berkeley.edu. International Human Rights Law Clinic, University of California, Berkeley, School of Law The International Human Rights Law Clinic (IHRLC) designs and implements innovative human rights projects to advance the struggle for justice on behalf of individuals and marginalized communities through advocacy, research, and policy development.
    [Show full text]
  • Pearl Abraham's American Taliban And
    Journal of American Studies, (), , – © Cambridge University Press and British Association for American Studies . This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/./), which permits unrestricted re-use, dis- tribution, and reproduction in any medium, provided the original work is properly cited. doi:./S First published online April Reimagining Traitors: Pearl Abraham’s American Taliban and the Case of John Walker Lindh MARIA-IRINA POPESCU Pearl Abraham’s novel American Taliban uses the “true” story of John Walker Lindh, a white US citizen captured fighting for the Taliban in Afghanistan in ,toreflect on the intense mediation of public trauma in the early days of the “War on Terror.” This article dis- cusses the significance of American Taliban as a post-“/” work of literary fiction which, by imagining individual agency and interrogating the relationship between a racialized “Americanness,” treason and sovereignty, invites its readers to be critical of historical, political and media narratives in the so-called “post-truth era.” At the beginning of December , in a segment of Comedy Central’s The Daily Show titled “Operation Enduring Coverage,” American political satirist Jon Stewart challenged his viewers to “try wrapping [their] spinning heads around this one: meet twenty-year-old John Walker [Lindh], an American citizen turned Taliban soldier, recently captured after the prison uprising in Mazar-e-Sharif.” Stewart was joined by American humorist Maurice “Mo” Rocca, who satirized Lindh’s biography as “a recipe for radical Islamic funda- mentalism. An intelligent child, growing up with not one loving parent, but two loving parents, a family that’s making that difficult transition from upper middle class to lower upper class … it’s textbook, Jon.” Both Department of Literature, Film, and Theatre Studies, University of Essex.
    [Show full text]
  • Guantanamo and Beyond: Dangers of Rigging the Rules Brian J
    Journal of Criminal Law and Criminology Volume 97 Article 2 Issue 4 Summer Summer 2007 Guantanamo and Beyond: Dangers of Rigging the Rules Brian J. Foley Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Brian J. Foley, Guantanamo and Beyond: Dangers of Rigging the Rules, 97 J. Crim. L. & Criminology 1009 (2006-2007) This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/07/9704-1009 THEJOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 97, No. 4 Copyright 0 2008 by Northwestern University, School of Law Printed in USA GUANTANAMO AND BEYOND: DANGERS OF RIGGING THE RULES BRIAN J. FOLEY* Supporters of the U.S. antiterrorism policy of indefinitely imprisoning "enemy combatants" captured in the "War on Terrorism" claim that it gives the Executive needed flexibility for incapacitating potentially dangerous terroristsand interrogatingthem with harsh methods to uncover plans for terrorist attacks. The policy has been widely criticizedfrom its inception, mostly on the grounds that it is illegal and immoral. Bracketing these critiques, this Article argues that this policy is ineffective. The policy impedes the government's ability to conduct the investigations necessary to prevent terrorist attacks because it fosters indiscriminate dragnets, imprisonment, and coercive interrogationsof people who are not terrorists. Given that innocent people are likely to confess falsely when subjected to coercion, the policy risks proliferatingfalse confessions andfalse leads that inundate and mislead investigators.
    [Show full text]
  • Waterboarding’: Admission of a Crime, Now There Must Be a Criminal Investigation 6 February 2008 AI Index: AMR 51/011/2008
    Public amnesty international UNITED STATES OF AMERICA CIA ‘waterboarding’: Admission of a crime, now there must be a criminal investigation 6 February 2008 AI Index: AMR 51/011/2008 Yesterday’s confirmation by the Director of the Central Intelligence Agency (CIA), General Michael Hayden, that the CIA has used ‘‘waterboarding’’ against detainees must result in a full, independent and prompt criminal investigation. Waterboarding --- an interrogation technique under which detainees are subjected to simulated drowning --- is torture. Torture is a crime under international law. No one has been held accountable for the authorization and use of waterboarding by US personnel. At the same time, the revelation by the Director of National Intelligence, Mike McConnell, that waterboarding remains in the CIA’s armoury, must be met with legislative and other measures to reflect the absolute illegality of this practice and all other forms of torture and other cruel, inhuman or degrading treatment or punishment. The investigation must go beyond that initiated by the US Attorney General on 2 January 2008 into the destruction by the CIA of videotapes of interrogations. In addition, both the investigation and the prohibition must be truly and fully consistent with international standards and definitions. It has become clear over recent years that the US administration has interpreted US and international law in ways that have sought to avoid the absolute prohibition against torture and other ill-treatment and that have facilitated impunity for human rights violations. The testimony of the two senior intelligence officials came at a hearing of the US Senate Select Committee on Intelligence in Washington, DC, on 5 February 2008.
    [Show full text]