Commissions Impossible: How Can Future Military Commissions Avoid the Failures of Guantanamo?

Aaron Shepard endeavors to examine the roots of the failures of the Guantanamo military commissions and suggest potential solutions to remedy them. His paper begins with an introduction to the concept of military commissions, including a brief overview of their historic utilization and import. It then provides a detailed background on Guantanamo Bay, covers the… Continue reading Commissions Impossible: How Can Future Military Commissions Avoid the Failures of Guantanamo?

Guantanamo Detention in the Time of COVID-19

The COVID-19 pandemic has brought new attention to what many familiar with Guantánamo Bay have known for years: the military prison lacks the infrastructure, expertise, and equipment to manage and address emergent health issues, including a serious viral outbreak. In this article, defense attorney and former Judge Advocate in the US Air Force Annie Morgan… Continue reading Guantanamo Detention in the Time of COVID-19

Addressing the Guantanamo “Legacy Problem”: Bringing Law-of-War Prolonged Military Detention & Criminal Prosecution into Closer Alignment

Abrams seeks to move the discussion on Guantanamo detainees forward by bringing law-of-war detention and criminal prosecution into closer alignment. The article analyzes the Obama Administration’s current approach of dealing with terrorists captured abroad and its preference for conducting criminal prosecutions whenever feasible. Abrams proposes several changes to the current system, including a decision-making framework… Continue reading Addressing the Guantanamo “Legacy Problem”: Bringing Law-of-War Prolonged Military Detention & Criminal Prosecution into Closer Alignment