The U.S. and Cuba will hold the second round of normalization talks on February 27 in Washington, DC. This follows the U.S.’s attempt in late January to negotiate the terms of reestablishing diplomatic relations with the Castro regime. In those talks in Havana, Cuban officials made it clear that the regime will not change its political or economic system, despite the…
Moments ago in Guantanamo Bay, Cuba, Ahmed Mohammed Ahmed Haza al Darbi pleaded guilty to all charges associated with...…
Director Nile Gardiner discusses President Obama's rehashed promise to close Guantanamo Bay on Fox News' 'America's News HQ'.…
Later this week, President Obama will travel to the National Defense University (NDU) for a major policy...…
Yesterday marked the 11-year anniversary of the U.S.-led invasion of Afghanistan, which was launched just three and a...…
The Obama Administration has now acknowledged the glaringly obvious: that the four Americans who died in the September...…
The first Guantanamo detainee to have been in CIA custody (a so-called high-value detainee, or HVD) pleaded guilty yesterday before a military commission judge in a courtroom on the U.S. Naval Base in Guantanamo Bay. In exchange for a cap on his confinement related to his military commissions case, Majid Khan agreed to testify truthfully in future military commissions…
FYI: Heritage WebMemos are getting a new name. Beginning February 13, 2012, they will be called Issue Briefs.
For the 50th consecutive year, the National Defense Authorization Act (NDAA) for Fiscal Year 2012 provides funding and authorities for the U.S. military. It also includes several policy provisions regarding the handling of al-Qaeda and Taliban terrorists.…
Last week, I again had the privilege of traveling to Guantanamo Bay to observe a military commission proceeding as an...…
His plan was to rip apart nightclubs with explosives, unleash a wave of destruction on bridges, and open fire on police...…
Guantanamo Bay isn't run by the CIA, the FBI or private
contractors. It is run by men and women in the armed services. They
are the guards, the administrators, the doctors, the engineers, the
lawyers and the chaplains. They're the ones in charge. And their
work is hardly hidden: The Pentagon has invited a steady stream of
reporters, politicians, human-rights groups…
A new report from
the UN Commission on Human Rights concludes by calling on the
United States to close its detention facility at Guantanamo Bay
"without further delay."
The report, issued by a body that counts Sudan, Cuba, China and
Zimbabwe as current members, alleges torture at the Guantanamo
facility, and demands that "all persons found to have…
GUANTANAMO BAY -- At
least two detainees at the holding facility here skipped lunch
today because they're on a hunger strike. Which is a pity for them
-- the food was delicious. By contrast, the steady stream of news
about "Gitmo" tends to leave one with a bad taste.
On the day I toured the facility, lawyers for 100 detainees were
Last week the Supreme Court ruled that terrorist detainees held
by the U.S. military in Guantanamo Bay can challenge their
detention in federal court.
Commentators called the ruling a major blow to the Bush
administration and looked to the White House for its next move. But
any effort by this White House to roll back the Boumediene decision
surely would fail,…
The United States
has in its custody enemy combatants accused of serious war crimes.
They should be brought to trial quickly under processes that both
respect the rule of law and protect U.S. national security. For
this to happen, Congress must sanction the trial procedure that the
Administration will employ, but the Administration and the Senate
In a sweeping decision that will have myriad
consequences -- foreseen and unforeseen --the Supreme Court
found that the right of habeas corpus under the U.S. Constitution
applies to terrorist detainees held at Guantanamo Bay,
In a controversial 5-4 decision written by Justice Kennedy that
is already being reported as a major loss for the…
"We do not have a
war against terror."
This extraordinary statement by a senior European Union (EU)
official reflects the divide between Washington and Europe's
leading political institutions over the fight against al-Qaeda.
Despite three major terrorist attacks on European soil in the past
three years (in London, Madrid, and Istanbul), many top…
The assault on justice continues at the U.S. detention facility
at Guantanamo Bay, Cuba -- and it has nothing to do with the trial
of enemy combatants accused of war crimes.
I recently joined about three dozen journalists and observers
for the arraignment of Canadian suspect Omar Khadr. Khadr was
captured on the battlefield in Afghanistan and is alleged to…
Congress will soon debate proposed detainee legislation. Both the House and Senate have several detainee-related provisions in their versions of the National Defense Authorization Act (NDAA) of 2012—the main funding bill for the Department of Defense for the next fiscal year. And as in years past, this debate promises to be heated.
Given the relative broad agreement…
There have been at least three attempted terrorist attacks on U.S. soil in the last year and a half: the November 5, 2009, shooting at Fort Hood, Texas; the attempted Christmas Day airline bombing over Detroit; and the failed car bombing in Times Square in New York City. All three were perpetrated by men with ties to al-Qaeda and radical Islam.
But despite a clear…
On March 22, a federal judge in the District of Columbia ordered that Mohamedou Ould Slahi, one of the most dangerous terrorists being held at Guantanamo Bay, be released. Although the Obama Administration has decided to appeal the decision, if the court’s order stands several issues will have to be addressed, including where Slahi will go, and, if no other country will…
James Jay Carafano, Ph.D.
Chapter 1: Dispelling Misconceptions
Steven Groves and Brian W. Walsh
Chapter 2: The War on Terrorism: Habeas Corpus On
and Off the Battlefield
James Jay Carafano, Ph.D.
Chapter 3: Gitmo Debate Misses the Point
James Jay Carafano, Ph.D.
Chapter 4: U.N. Rapporteur Scheinin Issues…
activists, liberal media outlets, and Bush Administration critics
have derisively characterized the U.S. military detention facility
at Guantanamo Bay, Cuba, as the "gulag of our times," a
"legal black hole," and a "stain on our nation's character." One
need not dig too deeply into the facts, however, to discover that
the detainees held at…
Congress is considering legislation to extend habeas corpus
rights (i.e., the ability to challenge the legality of detention in
a civil court) to unlawful enemy combatants. Granting terrorists
rights to which they are not entitled will not make the world a
safer place and will not win over America's enemies and critics. Worst
of all, it will make armed conflicts…
Revised September 20, 2007
Recent press reports detail an internal Bush Administration debate
over whether to close the military detention facilities at
Guantanamo Bay in Cuba. Whether to close the facility is not at the
heart of the issue of how the U.S. treats detainees and prosecutes
the war on terrorism. Regardless of where detainees are held, the
Last month, the U.N. Special Rapporteur on the Promotion and
Protection of Human Rights and Fundamental Freedoms While
Countering Terrorism visited the United States for the stated
purpose of reviewing its counterterrorism practices for compliance
with its treaty obligations, such as those in the International
Covenant on Civil and Political Rights and the Convention…
While opinions about America's post–9/11 policies come and go, facts remain: The U.S. has thwarted 40 terrorist plots...…
Last week, the American Society of Magazine Editors’ awarded writer Scott Horton with their National Magazine Award for...…
Even though it has been several years since any new detainees have been transferred to Guantanamo Bay, the intelligence...…
In addition to the always outstanding analysis provided by Bobby Chesney and John Bellinger on the Obama...…
Manager, National Security Law Program and Senior Legal Fellow
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