LESSONS FOR THE NEXT TWENTY YEARS: WHAT WE’VE LEARNED IN THE TWO DECADES SINCE 9/11 A Note from Editor-in-Chief William C. Banks By any measure the terrorist attacks on the World Trade Center and the Pentagon on September 11, 2001 brought an immediate laser focus to the phenomenon of international terrorism. Though hardly new to… Continue reading Lessons for the Next Twenty Years: What We’ve Learned in the Two Decades Since 9/11
Category: Torture
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
The Sacrificial Yoo: Accounting for Torture in the OPR Report
The Justice Department’s Office of Professional Responsibility (OPR) excoriated the legal work done by John Yoo and Jay Bybee of the Office of Legal Counsel on the torture memos, but DOJ’s ultimate decision stopped short of referring Yoo and Bybee for professional discipline. Serious questions remain, particularly since the OPR was unable to obtain the testimony of many high-level officials who played critical roles in authorizing torture.