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Firsthand testimonies from Guantánamo Bay, inspiring future generations to never repeat the human rights violations of the detention center. Law scholar and Witness to Guantánamo founder Peter Jan Honigsberg uncovers a haunting portrait of life at the military prison and its toll, not only on the detainees and their loved ones but also on its military and civilian personnel and the journalists who reported on it. Honigsberg conducted 158 interviews across 20 countries so that the people who lived and worked there could tell their heartbreaking and inspirational stories. In each one, we face the reality that the healing process cannot begin until we start the conversation about what was done in the name of protecting our country. These are a few of them. Many alleged operatives in Guantánamo were purchased by the United States for ransom from Afghan and Pakistani soldiers. Brandon Neely, a prison guard who processed the first group of suspected operatives to arrive in Cuba, flew to London to embrace the detainees he guarded after leaving the military. Navy whistleblower Matt Diaz covertly released the names of 500 detainees by sending them in a greeting card to a lawyer in New York. Journalist Carol Rosenberg committed the past 17 years of her career to documenting life at Guantánamo. And Damien Corsetti, an interrogator who came to be known as the “King of Torture,” received ribbons and awards for the same cruel actions for which he was later prosecuted. In startling, aching prose, A Place Outside the Law shines a light on these unheard voices, and through them, encourages the global community to embrace humanity as our greatest tool to make the world a safer place.
In the months following its initial release, Guantánamo: What the World Should Know has proved to be a disturbingly accurate account of the Bush administration's tangle with civil liberties and torture. Written by Michael Ratner (Center for Constitutional Rights President and co-consul on the case of Rasul v. Bush)and Ellen Ray (Institute for Media Analysis President), Guantánamo is the most authoritative documentation to date on President Bush's moves toward a network of detention centers--a system without accountability, which flouts U.S. and international law. With a resource section that includes the Gonzales memo to President Bush and excerpts from the Geneva Conventions, Guantánamo provides strong evidence of Ratner explains how Gonzales and the Bush Administration are acting to radically alter America's historic commitment to civil and human rights, and why all Americans should resist what is being done in our name. Gathered together for the first time, Guantánamo: What the World Should Know includes the governmental memoranda that led to the conditions at the Naval Station at Guantánamo Bay, Abu Ghraib and beyond. Ratner and Ray give the definitive account of what led to the current conditions at Guantánamo and the importance of continuing to fight against the violations of U.S. and international law undertaken by the United States since 9-11. This book is a must-read for anyone concerned with the rule of law, liberty, democracy--and the right to dissent. Guantánamo also includes the essay 'A president beyond the law' by Anthony Lewis.
Following the terrorist attacks of September 11, 2001, the United States imprisoned more than 750 men at its naval base at Guantánamo Bay, Cuba. The detainees, ranging from teenagers to elderly men from over forty different countries, were held for years without charges, trial, or a fair hearing. Without any legal status or protection, they were truly outside the law: imprisoned in secret, denied communication with their families, and subjected to extreme isolation, physical and mental abuse, and, in some instances, torture. These are the detainees' stories, told by their lawyers because the prisoners themselves were silenced. It took lawyers who had filed habeas corpus petitions over two years to finally gain the right to visit and talk to their clients at Guantánamo. Even then, lawyers worked under severe restrictions, designed to inhibit communication and maximize secrecy. Eventually, however, lawyers did meet with their clients. This book contains over 100 personal narratives from attorneys who have represented detainees held at Guantánamo as well as at other overseas prisons, from Bagram Air Base in Afghanistan to secret CIA jails or "black sites."
Soon after the September 11 attacks in 2001, the United States captured hundreds of suspected al-Qaeda terrorists in Afghanistan and around the world. By the following January the first of these prisoners arrived at the U.S. military's prison camp in Guantanamo Bay, Cuba, where they were subject to President George W. Bush's executive order authorizing their trial by military commissions. Jess Bravin, the "Wall Street Journal"'s Supreme Court correspondent, was there within days of the prison's opening, and has continued ever since to cover the U.S. effort to create a parallel justice system for enemy aliens. A maze of legal, political, and moral issues has stood in the way of justice--issues often raised by military prosecutors who found themselves torn between duty to the chain of command and their commitment to fundamental American values.While much has been written about Guantanamo and brutal detention practices following 9/11, Bravin is the first to go inside the Pentagon's prosecution team to expose the real-world legal consequences of those policies. Bravin describes cases undermined by inadmissible evidence obtained through torture, clashes between military lawyers and administration appointees, and political interference in criminal prosecutions that would be shocking within the traditional civilian and military justice systems. With the Obama administration planning to try the alleged 9/11 conspirators at Guantanamo--and vindicate the legal experiment the Bush administration could barely get off the ground--"The Terror Courts" could not be more timely.
This book is the most comprehensive account of the role of habeas corpus in wartime ever written. It draws on a wealth of untapped resources to shed light on the political and legal understanding of habeas corpus that has unfolded over the course of Anglo-American history. The book traces the roots of the habeas privilege enshrined in the United States Constitution to England and then carries the story forward to document the profound influence of English law on early American law. It then takes the story forward to document the understanding of the privilege and the role of suspension over the course of American history.
We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device. In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"Ñthese are modern idiomsÑbut the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law. Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guant‡namo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.
The terrorist attacks of 9/11 are indelibly etched into our cultural memory. This is the story of how the legal ramifications of that day brought two presidents, Congress, and the Supreme Court into repeated confrontation over the incarceration of hundreds of suspected terrorists and “enemy combatants” at the US naval base in Guantánamo, Cuba. Could these prisoners (including an American citizen) be held indefinitely without due process of law? Did they have the right to seek their release by habeas corpus in US courts? Could they be tried in a makeshift military judicial system? With Guantánamo well into its second decade, these questions have challenged the three branches of government, each contending with the others, and each invoking the Constitution’s separation of powers as well as its checks and balances. In The 9/11 Terror Cases, Allan A. Ryan leads students and general readers through the pertinent cases: Rasul v. Bush and Hamdi v. Rumsfeld, both decided by the Supreme Court in 2004; Hamdan v. Bush, decided in 2006; and Boumediene v. Bush, in 2008. An eloquent writer and an expert in military law and constitutional litigation, Ryan is an adept guide through the nuanced complexities of these cases, which rejected the sweeping powers asserted by President Bush and Congress, and upheld the rule of law, even for enemy combatants. In doing so, as we see clearly in Ryan's deft account, the Supreme Court's rulings speak directly to the extent and nature of presidential and congressional prerogative, and to the critical separation and balance of powers in the governing of the United States.
Pulitzer Prize-winning journalist Charlie Savage's penetrating investigation of the Obama presidency and the national security state. Barack Obama campaigned on changing George W. Bush's "global war on terror" but ended up entrenching extraordinary executive powers, from warrantless surveillance and indefinite detention to military commissions and targeted killings. Then Obama found himself bequeathing those authorities to Donald Trump. How did the United States get here? In Power Wars, Charlie Savage reveals high-level national security legal and policy deliberations in a way no one has done before. He tells inside stories of how Obama came to order the drone killing of an American citizen, preside over an unprecendented crackdown on leaks, and keep a then-secret program that logged every American's phone calls. Encompassing the first comprehensive history of NSA surveillance over the past forty years as well as new information about the Osama bin Laden raid, Power Wars equips readers to understand the legacy of Bush's and Obama's post-9/11 presidencies in the Trump era.
In this bold book, A. Naomi Paik grapples with the history of U.S. prison camps that have confined people outside the boundaries of legal and civil rights. Removed from the social and political communities that would guarantee fundamental legal protections, these detainees are effectively rightless, stripped of the right even to have rights. Rightless people thus expose an essential paradox: while the United States purports to champion inalienable rights at home and internationally, it has built its global power in part by creating a regime of imprisonment that places certain populations perceived as threats beyond rights. The United States' status as the guardian of rights coincides with, indeed depends on, its creation of rightlessness. Yet rightless people are not silent. Drawing from an expansive testimonial archive of legal proceedings, truth commission records, poetry, and experimental video, Paik shows how rightless people use their imprisonment to protest U.S. state violence. She examines demands for redress by Japanese Americans interned during World War II, testimonies of HIV-positive Haitian refugees detained at Guantanamo in the early 1990s, and appeals by Guantanamo's enemy combatants from the War on Terror. In doing so, she reveals a powerful ongoing contest over the nature and meaning of the law, over civil liberties and global human rights, and over the power of the state in people's lives.
Examines the rise of an American-run global detention system, including Guantâanamo Bay, Bagram Air Base in Afghanistan, and secret CIA jails, and discusses efforts that are being made to challenge this new prison system through habeas corpus.