Guantanamo Bay: undermining the global war on terror

Joint Force Quarterly, Oct, 2005 by Gerard P. Fogarty

(6) Ibid., 593.

(7) Jennifer K. Elsea, "Lawfulness of Interrogation Techniques under the Geneva Conventions" (Washington, DC: Congressional Research Service, September 8, 2004).

(8) Neil Lewis, "Red Cross Finds Detainee Abuse in Guantanamo," The New York Times, November 30, 2004.

(9) Charlie Savage, "4 Ex-Detainees Sue Rumsfeld, 10 Others," The Boston Globe, October 28, 2004.

(10) "Supreme Court Rules on Rasul v Bush," International Law Update, July 2004.

(11) Janik, 118.

(12) Jeffrey Kaye, interview with Ruth Wedgewood and Geoffrey Miller, Online News Hour, January 22, 2003, available at <www.pbs.org/newshour/bb/military/jan-jun03/detainees_1-22.html>.

(13) As of August 2004, 156 detainees had departed Guantanamo either for release or for transfer to another government. U.S. Department of Defense, "Guantanamo Detainee Processes," accessed at <www.defenselink.mil>.

(14) Neil Lewis, "Rules Bush Overstepped Bounds--Doubt Cast Over Tribunals," The New York Times, November 9, 2004, A19.

(15) Tim Golden, "After Terror, a Secret Rewriting of Military Law," The New York Times, October 24, 2004.

(16) Experts such as the UN Commission on Human Rights, the International Federation for Human Rights, the International Committee of the Red Cross, the British High Court, the Bosnia-Herzegovina High Court, the Canadian High Court, the governments of Malaysia and Germany, Amnesty International, Human Rights Watch, American Civil Liberties Union, U.S. Lawyers Committee for Human Rights, the U.S. Anti-Defamation League, the Association of the Bar of the City of New York, the Law Society of England and Wales, the U.S. National Association of Criminal Defense Lawyers, and the Carter Institute, to name a few.

(17) United Nations, "United Nations Rights Expert 'Alarmed' over United States Implementation of Military Order," July 7, 2003, accessed at <www.unhchr.ch>.

(18) U.S. Department of State, "Egypt: Country Reports on Human Rights Practices 2000," February 23, 2001, available at <www.state.gov/g/drl/rls/hrrpt/2000/nea/ index.cfm?docid=784>.

(19) Golden, 6.

(20) Ibid.

(21) Ibid., 8.

(22) Tim Golden, "Administration Officials Split Over Stalled Military Tribunals," The New York Times, October 25, 2004, accessed at <www.globalexchange.org/countries/unitedstates/democracy/2632.html>.

(23) Ibid.

(24) Kevin J. Barry, "Military Commissions: Trying American Justice," The Army Lawyer (November 2003), 1.

(25) Lewis, "Rules Bush Overstepped Bounds," A19.

(26) U.S. Department of Defense, 3.

(27) Kevin J. Barry, "Guantanamo: Disorder of the Day," August 22, 2004, accessed at .

(28) Independent Task Force on Public Diplomacy, Council of Foreign Relations, "Finding America's Voice: A Strategy for Reinvigorating U.S. Public Diplomacy," September 18, 2003.

(29) Golden, 2-3.

(30) Janik, 132.

(31) The Carter Center, Conference Report, "Human Rights Defenders on the Frontlines of Freedom: Protecting Human Rights in the Context of the War on Terrorism," November 11-12, 2003, available at <www.cartercenter. org/search/viewindexdoc.asp>.

(32) These comments were included in a letter sent to the U.S. Senate Judiciary Committee in January 2005 by a dozen high-ranking retired military officers expressing concern over the nomination of White House counsel Alberto Gonzales as Attorney General, given his role in shaping legal policies on detainee operations. Dan Eggen, "Gonzales Nomination Draws Military Criticism," The Washington Post, January 4, 2005.