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Guantanamo Bay Detention Camp

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  • WebMemo posted July 5, 2007 by James Jay Carafano, Ph.D. The War on Terrorism: Habeas Corpus On and Off the Battlefield

    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.[1] Worst of all, it will make armed conflicts…

  • WebMemo posted July 13, 2007 by Steven Groves, Brian W. Walsh Dispelling Misconceptions: Guantanamo Bay Detainee ProceduresExceed the Requirements of the U.S. Constitution, U.S. Law, andCustomary International Law

    Human rights 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,"[1] a "legal black hole,"[2] and a "stain on our nation's character."[3] One need not dig too deeply into the facts, however, to discover that the detainees held at…

  • Issue Brief posted March 1, 2012 by Charles "Cully" Stimson Majid Khan: Anatomy of a Terrorist’s Plea Bargain

    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…

  • WebMemo posted April 22, 2003 by Paul Rosenzweig War Crimes Trials

    (Saddam has been captured. This WebMemo was updated on December 15, 2003.) Baghdad has fallen. The war is nearly over now and the time will soon come to assess the actions of Iraq's former leaders. Coalition forces reportedly carry a "deck of cards" with the pictures of 55 Iraqi leaders of the regime and orders to pursue, capture, or kill them. Several of these…

  • Commentary posted November 19, 2007 by James Jay Carafano, Ph.D. The Rights of Guantanamo

    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…

  • Commentary posted October 20, 2008 by Andrew M. Grossman Turn Terrorist Detainees Loose?

    Importing terrorists hardly seems like a winning strategy to protect the nation's security. But that's what one federal judge says we have to do. On Oct. 7, D.C. District Court Judge Ricardo Urbina ruled that 17 Chinese Muslims captured fleeing terrorist training grounds in Afghanistan in late 2001 must be set free in the United States. His rationale: The…

  • Commentary posted March 4, 2009 by Hans A. von Spakovsky Leahy's un-American Activities Commission

    For more than 200 years, the reins of America's leadership have been peacefully handed over from one administration to another, regardless of party affiliation, in part because we have never seriously indulged in criminalizing our political differences. My Russian immigrant father, who fled Communist persecution, told me more than once that avoiding political…

  • Commentary posted July 8, 2009 by Charles "Cully" Stimson, David B. Rivkin No Easy Answers

    The Obama administration waited until 5:45 p.m. on a Friday in late June to float the idea that it is considering an executive order authorizing prolonged detention of captured enemy combatants. The announcement was timed to run when most Washingtonians were tippling cocktails or en route to the beach to avoid expending much political capital on the issue. This…

  • Commentary posted September 28, 2009 by Charles "Cully" Stimson Punting National Security to the Judiciary

    In a stunning display of political cowardice, the Obama administration has decided not to seek specific congressional authorization for a prolonged detention statute for Guantanamo Bay detainees deemed too dangerous to set free. It's the latest troubling flip flop by the president, an utter abdication of the lofty promises he made during his much-heralded National…

  • Executive Summary posted November 5, 2001 by David B. Rivkin, Lee A. Casey, Darin R Bartram Executive Summary: Bringing Al-Qaeda to Justice: The Constitutionality of Trying Al-Qaeda Terrorists in the Military Justice System

    The accompanying legal memorandum explores the question of whether it is constitutional to try members of the al-Qaeda terrorist network, who may have been involved in the September 11 attacks, under the U.S. military justice system rather than in federal district court. As many as 1,000 individuals have been detained by law enforcement authorities in this country…

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  • Issue Brief posted March 1, 2012 by Charles "Cully" Stimson Majid Khan: Anatomy of a Terrorist’s Plea Bargain

    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…

  • WebMemo posted April 20, 2010 by Jack Park Terrorist on Your Street?

    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…

  • Special Report posted September 24, 2007 by James Jay Carafano, Ph.D., Steven Groves, Janice A. Smith Treatment of Detainees and Unlawful Combatants: Selected Writings on Guantanamo Bay

    Contents Introduction 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…

  • WebMemo posted July 13, 2007 by Steven Groves, Brian W. Walsh Dispelling Misconceptions: Guantanamo Bay Detainee ProceduresExceed the Requirements of the U.S. Constitution, U.S. Law, andCustomary International Law

    Human rights 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,"[1] a "legal black hole,"[2] and a "stain on our nation's character."[3] One need not dig too deeply into the facts, however, to discover that the detainees held at…

  • WebMemo posted July 5, 2007 by James Jay Carafano, Ph.D. The War on Terrorism: Habeas Corpus On and Off the Battlefield

    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.[1] Worst of all, it will make armed conflicts…

  • WebMemo posted June 22, 2007 by James Jay Carafano, Ph.D. Gitmo Debate Misses the Point

    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 U.S.…

  • WebMemo posted June 7, 2007 by Steven Groves U.N. Rapporteur Scheinin Issues Wrong Opinion on U.S. War on Terrorism

    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…

  • WebMemo posted May 24, 2007 by Steven Groves The U.S. Deserves a Fair Report from the U.N. Human Rights Envoy

    From time to time, the United Nations deploys human rights experts-called "special rapporteurs"-to the United States and elsewhere to report on alleged human rights abuses. Over the years, the United States has tolerated the presence of these special envoys to investigate human rights practices regarding various issues, such as the death penalty, freedom of religion,…

  • WebMemo posted September 18, 2006 by James Jay Carafano, Ph.D. Congress Should Compromise on Military Commissions

    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 Armed Services…

  • Backgrounder posted August 18, 2006 by Lee A. Casey, David B. Rivkin International Law and the Nation-State at the U.N.: A Guide forU.S. Policymakers

    Introduction Americans have pretty much always felt entitled to make law for themselves. As Virginia royal governor Alexander Spotswood complained 60 years before the Declaration of Independence, "by their professions and actions they [the colonials] seem to allow no jurisdiction, civil or ecclesiastical, but what is estab­lished by laws of their own…

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