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1. Factsheet: Legal Challenges to Guantánamo Bay Detention Camp

Author:
Bridge Initiative Team
Publication Date:
07-2020
Content Type:
Working Paper
Institution:
The Bridge Initiative, Georgetown University
Abstract:
U.S. legislation and case law have both upheld and challenged the legal authority of the Guantánamo Bay military prison. This includes the 2001 Authorization for Use of Military Force (AUMF) and the Military Commissions Act of 2006, as well as Supreme Court cases such as Hamdan v. Rumsfeld (2006) and Boumediene v. Bush (2008). Serious legal issues have arisen around the legal rights and protections of those imprisoned, including the right to habeas corpus and the right to be tried under the U.S. legal system (as opposed to U.S. military tribunals). Attorneys for those imprisoned at Guantánamo Bay military prison have been subjected to surveillance and interference by the U.S. government, and the U.S. government tightly controls the release of information about the military prison and those imprisoned there.
Topic:
Human Rights, Law, Guantanamo Bay, and Habeas Corpus
Political Geography:
Cuba, United States of America, and Guantanamo

2. Re-embracing the Wartime Detention Mission

Author:
Ryan J. Vogel
Publication Date:
07-2017
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
President Donald Trump has made clear his intent to utilize wartime detention in the fight against al-Qaeda and ISIS. As former Deputy Assistant Secretary of Defense for Rule of Law and Detainee Policy, William Lietzau, and I have argued elsewhere, this could be a positive development in the United States’ evolving approach to the war against al-Qaeda, ISIS, and their associates, so long as it is coupled with a commitment to continuing key detention policies and humane treatment standards developed over the past fifteen years. In recent years, the United States has largely avoided adding to the detainee population at Guantanamo (GTMO) – mainly in reaction to some of the more infamous excesses from the first couple of years after the attacks on September 11, 2001. But failing to capture new enemy fighters has come with an operational and humanitarian cost. The United States should take the opportunity that comes with political transition to re-embrace the wartime detention mission.
Topic:
Government, Human Rights, Law, Prisons/Penal Systems, Al Qaeda, Islamic State, and War on Terror
Political Geography:
Middle East, Global Focus, United States of America, and Guantanamo

3. The Applicability of International and Domestic Immigration Law to Relocated Guantanamo Detainees

Author:
Sarah Weiner
Publication Date:
11-2015
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
The physical relocation of detainees from Guantanamo to the United States would not meaningfully alter U.S. obligations under domestic immigration law or international law concerning refoulement. Domestic immigration law would not affect U.S. authority to bring aliens into the United States and to detain those aliens under the laws of war. Detainees would not enter the United States as immigrants, but rather would remain legally “at the border” during their detention. If a detainee secures his release from law-of-war detention, then the United States would be prohibited from transferring the former detainee to a country where there are substantial grounds for believing that he would be in danger of being subjected to torture. This obligation applies equally to detainees held at Guantanamo and in the United States. If the United States could not find a suitable country to accept the former detainee, then the United States may have the authority to hold the alien indefinitely in immigration detention, provided that his custody meets statutory requirements. This authority is constitutionally untested and potentially inconsistent with obligations under international law, but these concerns would apply equally to both Guantanamo- and U.S.-located former detainees.
Topic:
Law, Prisons/Penal Systems, War on Terror, and Detention
Political Geography:
North America, United States of America, and Guantanamo