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Following the terrorist attacks of September 11, 2001, the Central Intelligence Agency embarked on a highly classified program of secret detention and extraordinary rendition of terrorist suspects. The program was designed to place detainee interrogations beyond the reach of law. Suspected terrorists were seized and secretly flown across national borders to be interrogated by foreign governments that used torture, or by the CIA itself in clandestine 'black sites' using torture techniques. This report is the most comprehensive account yet assembled of the human rights abuses associated with secret detention and extraordinary rendition operations. It details for the first time the number of known victims, and lists the foreign governments that participated in these operations. It shows that responsibility for the abuses lies not only with the United States but with dozens of foreign governments that were complicit. More than 10 years after the 2001 attacks, this report makes it unequivocally clear that the time has come for the United States and its partners to definitively repudiate these illegal practices and secure accountability for the associated human rights abuses.
This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.
The Constitution Project's Task Force on Detainee Treatment is an independent, bipartisan, blue-ribbon panel charged with examining the federal government's policies and actions related to the capture, detention and treatment of suspected terrorists during the Clinton, Bush and Obama administrations. The project was undertaken with the belief that it was important to provide an account as authoritative and accurate as possible of how the United States treated, and continues to treat, people held in our custody as the nation mobilized to deal with a global terrorist threat.
Now in its third edition, this book is the authoritative text on one of the world's most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states. The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed. Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.
International law has long differentiated between international and non-international armed conflicts, traditionally regulating the former far more comprehensively than the latter. This is particularly stark in the case of detention, where the law of non-international armed conflict contains no rules on who may be detained, what processes must be provided to review their detention, and when they must be released. Given that non-international armed conflicts are now the most common form of conflict, this is especially worrying, and the consequences of this have been seen in the detention practices of states such as the US and UK in Iraq and Afghanistan. This book provides a comprehensive examination of the procedural rules that apply to detention in non-international armed conflict, with the focus on preventive security detention, or 'internment'. All relevant areas of international law, most notably international humanitarian law and international human rights law, are analysed in detail and the interaction between them explored. The book gives an original account of the relationship between the relevant rules of IHL and IHRL, which is firmly grounded in general international law scholarship, treating the issue as a matter of treaty interpretation. With that in mind, and with reference to State practice in specific non-international armed conflicts - including those in Sri Lanka, Colombia, Nepal, Afghanistan, and Iraq - it is demonstrated that the customary and treaty obligations of States under human rights law continue, absent derogation, to apply to detention in non-international armed conflicts. The practical operation of those rules is then explored in detail. The volume ends with a set of concrete proposals for developing the law in this area, in a manner that builds upon, rather than replaces, the existing obligations of States and non-State armed groups.
An authoritative assessment of the new laws of war and a sensible and sophisticated roadmap for the future of liberty in the Age of Terror America is losing a crucial front in the ongoing war on terror. It is losing not to Al Qaeda, but to its own failure to construct a set of laws that will protect the American people during this global conflict. As debate continues to rage over the legality and ethics of war, Benjamin Wittes enters the fray with a sober-minded exploration of law in wartime that is definitive, accessible, and nonpartisan. Outlining how this country came to its current impasse over human rights and counterterrorism, Law and the Long War paves the way toward fairer, more accountable rules for a conflict without end.
For the first time, Stephen Grey tells the inside story of international prisons sanctioned by the U.S. Government and used by the CIA to hold and torture people suspected of terrorism. Using contacts deep inside the U.S. Government, Grey reveals how deeply the Bush administration is involved in the program and questions the truth of statements made by Secretary of State Condoleeza Rice. He also shines a spotlight on the heads of European nations who turned a blind eye to the program when it showed up in their back yards. Grey takes an unflinching look at a horrendous practice that scorns Geneva Convention rules and is powered by corruption at the highest levels of governments worldwide. Through his unprecedented access to CIA flight records and dozens of sources at the senior levels of the current administration, Grey has produced a story of flight plans, extreme torture, and the clash of religions and governmental posturing that goes on today. Ghost Plane tells the stories of individuals abducted at airports around the world and transported for interrogation and torture on a fleet of leased planes manned by CIA operatives. Grey paints a disburing ethical picture of the war on terror and lays the responsibility for abduction and torutre at the doorstep of Washington, D.C.