The Journal on Terrorism and Security Analysis 13Th Edition (Spring 2018) Syracuse University Syracuse, New York 13244
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Government Turns the Other Way As Judges Make Findings About Torture and Other Abuse
USA SEE NO EVIL GOVERNMENT TURNS THE OTHER WAY AS JUDGES MAKE FINDINGS ABOUT TORTURE AND OTHER ABUSE Amnesty International Publications First published in February 2011 by Amnesty International Publications International Secretariat Peter Benenson House 1 Easton Street London WC1X 0DW United Kingdom www.amnesty.org Copyright Amnesty International Publications 2011 Index: AMR 51/005/2011 Original Language: English Printed by Amnesty International, International Secretariat, United Kingdom All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publishers. Amnesty International is a global movement of 2.2 million people in more than 150 countries and territories, who campaign on human rights. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights instruments. We research, campaign, advocate and mobilize to end abuses of human rights. Amnesty International is independent of any government, political ideology, economic interest or religion. Our work is largely financed by contributions from our membership and donations CONTENTS Introduction ................................................................................................................. 1 Judges point to human rights violations, executive turns away ........................................... 4 Absence -
SALIM AHMED HAMDAN, Petitioner, V. UNITED STATES of AMERICA
USCA Case #11-1257 Document #1362775 Filed: 03/08/2012 Page 1 of 65 [Oral Argument Scheduled for May 3, 2012] No. 11-1257 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA SALIM AHMED HAMDAN, Petitioner, v. UNITED STATES OF AMERICA, Respondent. Appeal From The Court Of Military Commission Review (Case No. CMCR-09-0002) REPLY BRIEF OF PETITIONER SALIM AHMED HAMDAN Adam Thurschwell Harry H. Schneider, Jr. Jahn Olson, USMC Joseph M. McMillan OFFICE OF THE CHIEF DEFENSE Charles C. Sipos COUNSEL MILITARY COMMISSIONS Rebecca S. Engrav 1099 14th Street NW Angela R. Martinez Box 37 (Ste. 2000E) Abha Khanna Washington, D.C. 20006 PERKINS COIE LLP Telephone: 202.588.0437 1201 Third Avenue, Suite 4800 Seattle, WA 98101-3099 Attorneys for Petitioner-Appellant Telephone: 206.359.8000 SALIM AHMED HAMDAN Attorneys for Petitioner-Appellant SALIM AHMED HAMDAN USCA Case #11-1257 Document #1362775 Filed: 03/08/2012 Page 2 of 65 CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES The Certificate as to Parties, Rulings, and Related Cases is set forth in Petitioner-Appellant Salim Ahmed Hamdan’s Principal Brief filed on November 15, 2011, and is hereby incorporated by reference. DATED: March 8, 2012 By: /s/ Charles C. Sipos One of the attorneys for Salim Ahmed Hamdan -i- USCA Case #11-1257 Document #1362775 Filed: 03/08/2012 Page 3 of 65 TABLE OF CONTENTS Page CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES.........................................................................................................i TABLE OF AUTHORITIES..................................................................... iv GLOSSARY OF TERMS .......................................................................... xi SUMMARY OF ARGUMENT ................................................................... 1 ARGUMENT.............................................................................................. 3 I. MST Is Not Triable by Military Commission ....................... -
The Oath a Film by Laura Poitras
The Oath A film by Laura Poitras POV www.pbs.org/pov DISCUSSION GUIDe The Oath POV Letter frOm the fiLmmakers New YorK , 2010 I was first interested in making a film about Guantanamo in 2003, when I was also beginning a film about the war in Iraq. I never imagined Guantanamo would still be open when I finished that film, but sadly it was — and still is today. originally, my idea for the Oath was to make a film about some - one released from Guantanamo and returning home. In May 2007, I traveled to Yemen looking to find that story and that’s when I met Abu Jandal, osama bin Laden’s former bodyguard, driving a taxicab in Sana’a, the capital of Yemen. I wasn’t look - ing to make a film about Al-Qaeda, but that changed when I met Abu Jandal. Themes of betrayal, guilt, loyalty, family and absence are not typically things that come to mind when we imagine a film about Al-Qaeda and Guantanamo. Despite the dangers of telling this story, it compelled me. Born in Saudi Arabia of Yemeni parents, Abu Jandal left home in 1993 to fight jihad in Bosnia. In 1996 he recruited Salim Ham - dan to join him for jihad in Tajikistan. while traveling through Laura Poitras, filmmaker of the Oath . Afghanistan, they were recruited by osama bin Laden. Abu Jan - Photo by Khalid Al Mahdi dal became bin Laden's personal bodyguard and “emir of Hos - pitality.” Salim Hamdan became bin Laden’s driver. Abu Jandal ends up driving a taxi and Hamdan ends up at Guantanamo. -
Department of Defense for the Administrative Revicwof the Detention of Enemy Combatants at U.S
UNCLASSIFIED Department of Defense for the Administrative Revicwof the Detention of Enemy Combatants at U.S. Naval Base Guantanamo Bay, Cuba 16 2008 To : MUHAMMED, ZAMIR Subject: UNCLASSIFIEDSUMMARYOFEVIDENCEFOR ADMINISTRATIVE REVIEWBOARDINTHE CASEOFMUHAMMED, 1. An Administrative Review Board will be convened to review your case to determine if your continued detention isnecessary . 2. The Administrative ReviewBoardwill conduct a comprehensive ofall reasonably available and relevant informationregardingyour case . At the conclusionofthis review the Boardwillmake a recommendationto : ( 1) release you to your home state; ( ) transfer you to your home state with conditions agreed uponby the United States and your home state; or ( 3 ) continue your detention under United States control 3. The followingprimaryfactors favor continueddetention: a ) Commitment 1) The detainee stated he left Khartoum , Sudan , in 1994 via Kenyan Airlines and flew to New Delhi, India, with a transit stop inKenya. Thedetaince then traveled by train to Lahore, Pakistan. From Lahore, the detaince to Peshawar, Pakistan, andthen on to Afghanistan 2) Thedetaincestatedhe servedas a weaponstrainer at CampKhaldeninAfghanistanfor approximatelysix to sevenmonthsin 1997.The detaineetrained approximately50 to 70 peopleon the followingweapons: PK Kalashnikovrifles, mortarsand artillery. Instructionfromthe detaineeincludedassembly disassemblyofweapons, operationsofthe weapons and controllingfields offire 3 ) The detaineewas a weapons instructorat KhaldenTrainingCamp 4 ) Khalden -
Prosecuting a Pre-9/11 Terrorist: the Legal Limits of Military Commissions
PROSECUTING A PRE-9/11 TERRORIST: THE LEGAL LIMITS OF MILITARY COMMISSIONS DEBORAH PEARLSTEIN* It is an interesting moment to step back and assess how the mil- itary commission trials have progressed in the thirteen years since the trials were originally conceived by presidential order in 2001.1 I had the privilege of being among the first group of human rights monitors to visit Guantanamo Bay in 2004 to witness the opening hearings of an earlier generation of military commission trials, and I have watched the trials closely since then.2 Military commissions in their various forms have had multi- ple trips to the federal courts, including a trip to the Supreme Court in 2006.3 They have been the subject of two major pieces of federal legislation—the Military Commissions Act of 2006, and the Military Commissions Act of 2009, which have sub- stantially revised the rules surrounding commission proceed- ings.4 Today, the commissions boast a truly distinguished chief prosecutor in General Mark Martins, who is an extraordinary lawyer, among other things. In many respects, the commissions are vastly fairer procedurally than they were when they were conceived in 2001 and 2002.5 Yet the central problem remains: The legal complexity of pursu- ing a novel system of military commission trials, or war crimes * Associate Professor of Law, Cardozo Law School, Yeshiva University. This essay was adapted from remarks given at the 2014 Federalist Society Annual Stu- dent Symposium at the University of Florida in Gainesville, Florida. 1. See Military Order of November 13, 2001, Detention, Treatment, and Trial of Cer- tain Non-Citizens in the War Against Terrorism, 66 Fed. -
True and False Confessions: the Efficacy of Torture and Brutal
Chapter 7 True and False Confessions The Efficacy of Torture and Brutal Interrogations Central to the debate on the use of “enhanced” interrogation techniques is the question of whether those techniques are effective in gaining intelligence. If the techniques are the only way to get actionable intelligence that prevents terrorist attacks, their use presents a moral dilemma for some. On the other hand, if brutality does not produce useful intelligence — that is, it is not better at getting information than other methods — the debate is moot. This chapter focuses on the effectiveness of the CIA’s enhanced interrogation technique program. There are far fewer people who defend brutal interrogations by the military. Most of the military’s mistreatment of captives was not authorized in detail at high levels, and some was entirely unauthorized. Many military captives were either foot soldiers or were entirely innocent, and had no valuable intelligence to reveal. Many of the perpetrators of abuse in the military were young interrogators with limited training and experience, or were not interrogators at all. The officials who authorized the CIA’s interrogation program have consistently maintained that it produced useful intelligence, led to the capture of terrorist suspects, disrupted terrorist attacks, and saved American lives. Vice President Dick Cheney, in a 2009 speech, stated that the enhanced interrogation of captives “prevented the violent death of thousands, if not hundreds of thousands, of innocent people.” President George W. Bush similarly stated in his memoirs that “[t]he CIA interrogation program saved lives,” and “helped break up plots to attack military and diplomatic facilities abroad, Heathrow Airport and Canary Wharf in London, and multiple targets in the United States.” John Brennan, President Obama’s recent nominee for CIA director, said, of the CIA’s program in a televised interview in 2007, “[t]here [has] been a lot of information that has come out from these interrogation procedures. -
The Current Detainee Population of Guantánamo: an Empirical Study
© Reuters/HO Old – Detainees at XRay Camp in Guantanamo. The Current Detainee Population of Guantánamo: An Empirical Study Benjamin Wittes and Zaahira Wyne with Erin Miller, Julia Pilcer, and Georgina Druce December 16, 2008 The Current Detainee Population of Guantánamo: An Empiricial Study Table of Contents Executive Summary 1 Introduction 3 The Public Record about Guantánamo 4 Demographic Overview 6 Government Allegations 9 Detainee Statements 13 Conclusion 22 Note on Sources and Methods 23 About the Authors 28 Endnotes 29 Appendix I: Detainees at Guantánamo 46 Appendix II: Detainees Not at Guantánamo 66 Appendix III: Sample Habeas Records 89 Sample 1 90 Sample 2 93 Sample 3 96 The Current Detainee Population of Guantánamo: An Empiricial Study EXECUTIVE SUMMARY he following report represents an effort both to document and to describe in as much detail as the public record will permit the current detainee population in American T military custody at the Guantánamo Bay Naval Station in Cuba. Since the military brought the first detainees to Guantánamo in January 2002, the Pentagon has consistently refused to comprehensively identify those it holds. While it has, at various times, released information about individuals who have been detained at Guantánamo, it has always maintained ambiguity about the population of the facility at any given moment, declining even to specify precisely the number of detainees held at the base. We have sought to identify the detainee population using a variety of records, mostly from habeas corpus litigation, and we have sorted the current population into subgroups using both the government’s allegations against detainees and detainee statements about their own affiliations and conduct. -
OMAR AHMED KHADR, ) Appellant, ) ) Case Nos
Case 1:04-cv-01136-JDB Document 170-2 Filed 04/20/2007 Page 1 of 4 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT ______________________________ ) OMAR AHMED KHADR, ) Appellant, ) ) Case Nos. 05-5064 (Lead) ) 05-5103 (Appellant) ) 05-5104 (Appellee) v. ) ) GEORGE W. BUSH, et al., ) Appellees. ) ______________________________) APPELLANT OMAR KHADR’S MOTION TO HOLD CASE IN ABEYANCE AND TO STAY ISSUANCE OF MANDATE PENDING SUPREME COURT DETERMINTION OF PETITION FOR WRIT OF CERTIORARI Appellant Omar Khadr respectfully requests that this Court hold his case in abeyance, specifically in regard to the Government’s Motion to Govern Further Proceedings, and withhold issuance of its mandate to dismiss, pending the outcome of Mr. Khadr’s Petition for Writ of Certiorari in the U.S. Supreme Court. Unlike the other habeas petitioners in Al Odah v. United States (No. 05-5064), whose petition for certiorari was denied on April 2, 2007, Mr. Khadr’s petition for certiorari is still pending before the Supreme Court. Holding his case in abeyance and issuing a stay is appropriate because if certiorari is granted, action in this Court or the district court may be unnecessary. The relief requested here is identical to that already granted by this Court to Mr. Khadr’s co-petitioner before the Supreme Court, Salim Hamdan, in Hamdan v. Rumsfeld (No. 07-5042). On March 5, 2007, Petitioners in Al Odah v. United States (No. 05-5064) filed a Petition for Writ of Certiorari, appealing this Court’s decision issued on February 20, 2007. Mr. Khadr, although a litigant in that case, declined to join the Al Odah petition. -
The European Angle to the U.S. Terror Threat Robin Simcox | Emily Dyer
AL-QAEDA IN THE UNITED STATES THE EUROPEAN ANGLE TO THE U.S. TERROR THREAT Robin Simcox | Emily Dyer THE EUROPEAN ANGLE TO THE U.S. TERROR THREAT EXECUTIVE SUMMARY • Nineteen individuals (11% of the overall total) who committed al-Qaeda related offenses (AQROs) in the U.S. between 1997 and 2011 were either European citizens or had previously lived in Europe. • The threat to America from those linked to Europe has remained reasonably constant – with European- linked individuals committing AQROs in ten of the fifteen years studied. • The majority (63%) of the nineteen European-linked individuals were unemployed, including all individuals who committed AQROs between 1998 and 2001, and from 2007 onwards. • 42% of individuals had some level of college education. Half of these individuals committed an AQRO between 1998 and 2001, while the remaining two individuals committed offenses in 2009. • 16% of offenders with European links were converts to Islam. Between 1998 and 2001, and between 2003 and 2009, there were no offenses committed by European-linked converts. • Over two thirds (68%) of European-linked offenders had received terrorist training, primarily in Afghanistan. However, nine of the ten individuals who had received training in Afghanistan committed their AQRO before 2002. Only one individual committed an AQRO afterwards (Oussama Kassir, whose charges were filed in 2006). • Among all trained individuals, 92% committed an AQRO between 1998 and 2006. • 16% of individuals had combat experience. However, there were no European-linked individuals with combat experience who committed an AQRO after 2005. • Active Participants – individuals who committed or were imminently about to commit acts of terrorism, or were formal members of al-Qaeda – committed thirteen AQROs (62%). -
Foreign Fighters, Social Embeddedness, and Combatant Repertoires of Behavior During Civil War
University of Denver Digital Commons @ DU Electronic Theses and Dissertations Graduate Studies 1-1-2019 When Do Ties Bind? Foreign Fighters, Social Embeddedness, and Combatant Repertoires of Behavior During Civil War Pauline Luz Moore University of Denver Follow this and additional works at: https://digitalcommons.du.edu/etd Part of the Eastern European Studies Commons, International Relations Commons, and the Peace and Conflict Studies Commons Recommended Citation Moore, Pauline Luz, "When Do Ties Bind? Foreign Fighters, Social Embeddedness, and Combatant Repertoires of Behavior During Civil War" (2019). Electronic Theses and Dissertations. 1542. https://digitalcommons.du.edu/etd/1542 This Dissertation is brought to you for free and open access by the Graduate Studies at Digital Commons @ DU. It has been accepted for inclusion in Electronic Theses and Dissertations by an authorized administrator of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. When do Ties Bind? Foreign Fighters, Social Embeddedness, and Combatant Repertoires of Behavior during Civil War _______________ A Dissertation Presented to the Faculty of the Josef Korbel School of International Studies _______________ In Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy _______________ by Pauline L. Moore March 2019 Advisor: Deborah Avant ©Copyright by Pauline L. Moore 2019 All rights reserved. Author: Pauline L. Moore Title: When do Ties Bind? Foreign Fighters, Social Embeddedness, and Combatant Repertoires -
Control Orders Strengthening National Security C O
ISBN 978-0-9560013-8-2 Control Orders Strengthening National Security C o Control Orders n t r o Robin Simcox l Strengthening National Security O r d e r s : Control orders allow the state to place restrictions on terrorist suspects S t r e who cannot be deported or prosecuted. The system is often derided n g t h as an affront to human rights, and key members of the new coalition e n i n government have been fiercely critical of it. g N a t i o n However, the individuals placed under control order are widely a l S e acknowledged in British courts as being national security threats. c u r i t They have included members of al-Qaeda and other proscribed groups; y convicted terrorists; and those committed to training and fighting for jihad abroad. Control Orders: Strengthening National Security reviews the evidence provided in court as to why these individuals have been placed under control order. It highlights the seriousness of the threat they are assessed to pose, and makes the case that politicians should be strengthening the state’s ability to reduce the terrorist threat. R The Centre for Social Cohesion o b i Clutha House, 10 Storey’s Gate, London SW1P 3AY n Tel: +44 (0)20 722 28 909 S i Fax: +44 (0)56 015 27 476 m c Email: [email protected] o www.socialcohesion.co.uk £10.00 x CONTROL ORDERS STRENGTHENING NATIONAL SECURITY Robin Simcox 2010 The Centre for Social Cohesion Clutha House, 10 Storey’s Gate London SW1P 3AY Tel: +44 (0)20 7222 8909 Fax: +44 (0)5 601527476 Email: [email protected] www.socialcohesion.co.uk The Centre for Social Cohesion Limited by guarantee Registered in England and Wales: No. -
FULLTEXT02.Pdf
EXECUTIVE SUMMARY Between Salafism and Salafi-Jihadism Influence and Challenges for Swedish Society Magnus Ranstorp Filip Ahlin Peder Hyllengren Magnus Normark Executive summary This is an Executive Summary of the Swedish Defence University report entitled Between Salafism and Salafi-Jihadism – Influence and Challenges for Swedish Society. This 265-page report was originally published in June 2018. This Executive Summary provides a short description of the frame- work of the assignment and then there is a selection of major passages of the report throughout the various chapters. For the full version please visit the Swedish report: http://fhs.diva-portal.org/smash/get/diva2:1231645/ FULLTEXT02.pdf. 1 Preface In June 2018, the Swedish Defence University received an assignment from the Swedish Civil Contingencies Agency (MSB) to provide an ana- lysis of propaganda messages and influence operations within Salafi- Jihadi milieus in Sweden. The focus of the assignment was to show if and how Salafi-Jihadi messages were actively promoted and spread in Sweden and which concrete methods were being used. Influence operations within the Salafi-Jihadi milieus in Europe is a relatively new research area. Today research studies and focus on this important issue is really missing within a Swedish context. The aim of this MSB-assignment was to improve the ability of national and local government ability as well as other actors’ awareness to identify and respond to Islamist actors and their different forms of information operations in order to craft and support operational and prevention mea- sures. A principal aim was to improve knowledge about information opera- tions pursued by Salafi-Jihadi inspired actors targeting secular and religious communities and individuals in Sweden.