Getting to Grips with Guantánamo: Person Zero & Camp 7

KMSThis post is by Kasey McCall-Smith: a lecturer in Public International Law and programme director for the LLM in Human Rights at Edinburgh Law School.

This post is the fourth in a series of blogs that chronicle the history and current state of play regarding the US rendition and detention programme in the immediate aftermath of 9/11. They were written during the author’s visit to Guantánamo Bay, Cuba, to observe military commission proceedings in the case of USA v. Khalid Shaikh Mohammad, et. al.  30 May – 3 June 2016, which is the initial phase of her project Getting to Grips with Guantánamo.

In my last post, the use of evidence obtained through torture in the case of US v. Khalid Shaikh Mohammad, et. al. (KSM case) was introduced. This post further considers how torture impacts detainees held at Guantánamo and the 9/11 trial. An interesting addition to the already complex pre-trial considerations is the possible appearance of a detainee who has not been seen in public since he was rendered into the custody of the CIA. Abu Zubaydah, a Palestinian, is believed to have been taken into CIA custody in 2002 following his capture in Pakistan. After three years on a CIA ‘black site’, he was delivered to Joint Task Force-Guantánamo (JTF-GTMO) in 2006 where he remains a High Value Detainee (HVD) despite never having been charged with a crime. As characterised by former FBI agent, Ali Soufan, Zubaydah is the ‘original sin’ of the US in its post-9/11 anti-terror campaign.

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Getting to Grips with Guantánamo: Torture Evidence

KMSThis post is by Kasey McCall-Smith: a lecturer in Public International Law and programme director for the LLM in Human Rights at Edinburgh Law School.

This post is the third in a series of blogs that chronicle the history and current state of play regarding the US rendition and detention programme in the immediate aftermath of 9/11. They were written during the author’s visit to Guantánamo Bay, Cuba, to observe military commission proceedings in the case of USA v. Khalid Shaikh Mohammad, et. al.  30 May – 3 June 2016, which is the initial phase of her project Getting to Grips with Guantánamo.

Right now, on a small island in the Caribbean, what will ultimately be one of the most comprehensive examinations of torture is taking place in the form of a military commission proceeding in the case of US v. Khalid Shaikh Mohammad, et. al. (KSM case). A common understanding among the observers that are witnessing KSM is that half are there to see the 9/11 trial and half are there to see the torture trial. In anticipation of what many view as a foregone conclusion, the defence lawyers are diligently representing their clients in order to ensure that if the ultimate penalty, death, is pursued in the sentencing phase of the trial; then the brutality that they suffered at the hands of the CIA is in the trial record. This record will be instrumental to mitigation of the death penalty and speak to the reality that much of the evidence presented may have been extracted or derived through torture, which is prohibited under international law.

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Getting to Grips with Guantánamo: Military Commissions & Law of War Detention

KMSThis post is by Kasey McCall-Smith: a lecturer in Public International Law and programme director for the LLM in Human Rights at Edinburgh Law School.

This post is the second in a series of blogs that chronicle the history and current state of play regarding the US rendition and detention programme in the immediate aftermath of 9/11. They were written during the author’s visit to Guantánamo Bay, Cuba, to observe military commission proceedings in the case of USA v. Khalid Shaikh Mohammad, et. al.  30 May – 3 June 2016, which is the initial phase of her project Getting to Grips with Guantánamo. Click here to read the first post in the series: ‘Rendition to the Caribbean’.

The military commission proceeding against the 9/11 five in the case of US v. Khalid Shaikh Mohammad, et. al. (KSM case) is viewed as having parallel purposes, bringing justice to the nation and victims’ families for the terrorist attacks of 9/11 and laying bare the flagrant torture campaign under the US Central Intelligence Agency’s (CIA) post-9/11 Detention and Interrogation Program (DIP). The KSM case stems from charges filed on 31 May 2011 against the five men charged with conspiracy, murder and destruction of property in violation of the law of war for the conception and facilitation of the 9/11 attacks which resulted in the deaths of close to 3000 people. The subsequent ‘war on terror’ launched by the Bush administration in the aftermath set in motion a ruthless anti-terrorism campaign by the CIA that has been acknowledged by the US government as comprising widespread use of torture in breach of both US domestic law and international law.

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Realising Justice? Reflections on Negotiating Land Reform in Southern Africa

20160516_165223On 16 May 2016 the University of Edinburgh hosted a workshop funded by the British Academy and organised by Professor Anne Griffiths and the Benelex Project Research group, coordinated by Professor Elisa Morgera.

The full-day workshop addressed the issue of access to land as means to realise justice. The workshop intended to discuss four key questions:

  1. the norms that underpin international and transnational governance regimes regulating access to and use of land and the extent to which they have an impact on individual countries’ jurisdictions on land;
  2. who are the actors who are engaged in this field and to what extent do their perspectives overlap or conflict with one another when it comes to promoting equitable and sustainable governance over land;
  3. what impact does globalisation have on the recognition of the legitimacy of plural orders, such as statutory, religious or customary law, and the authority that is accorded to them?; and
  4. what are the most pressing challenges that counties face in administering land and implementing reform given the global pressures that are brought to bear by international and transnational agencies and institutions.

In this post, two visiting postgraduate students – Marghertia Brunori and Komlan Sangbana – offer some reflections from the day.

Marghertia Brunori

The four presentations of the workshop portrayed the same sensible question of access to land by four different angles, allowing to appreciate the subject in its multifaceted complexity.

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Getting to Grips with Guantánamo: Rendition to the Caribbean

KMSThis post is by Kasey McCall-Smith: a lecturer in Public International Law and programme director for the LLM in Human Rights at Edinburgh Law School.

This post is the first in a series of blogs that chronicle the history and current state of play regarding the US rendition and detention programme in the immediate aftermath of 9/11. They were written during the author’s visit to Guantánamo Bay, Cuba, to observe military commission proceedings in the case of USA v. Khalid Shaikh Mohammad, et. al.  30 May – 3 June 2016, which is the initial phase of her project Getting to Grips with Guantánamo.

Following the attacks against the US on 9/11, then-President Bush declared open-season on all individuals with any established link to al Qaeda. In furtherance of the Bush declaration, the US Central Intelligence Agency (CIA) commenced what would eventually prove to be the most egregious and calculated rendition and detention campaign in modern, post-WWII history. A campaign defined by blatant breaches of both US and international law. To this day, it serves as a black mark on America’s international image, and the resulting impact of the decisions taken by the Bush Administration in the early days of 2001 continue to resonate today.

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Brexit, Northern Ireland and UK-Irish Relations

CB profileThis post by GJA Director, Professor Christine Bell, was first published on the Centre on Constitutional Change blog on 26 March 2016, co-published with European Futures.

Amid pronouncements about the UK as an island nation, scant media or political attention has been paid to its only land border with the EU – between Northern Ireland and the Republic. However, says Professor Christine Bell in this extended analysis, the impact of Brexit on the institutions built up as part of the Peace Process would be considerable.

The EU referendum and the possibility of ‘Brexit’ raise distinct questions for Northern Ireland as a devolved region within the UK as part of the peace process. In the referendum debate, more attention needs to be given in the rest of the UK to Northern Ireland, the one part of the UK which has a land border with another EU country.

Political Divisions and the EU Referendum Campaign

The first key question as regards the EU referendum’s impact in Northern Ireland relates to the distinctiveness of its political settlement: how will the Brexit campaign affect political relationships – ever fragile – within Northern Ireland?

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War: Art and Creativity in Conflict Zones

IPOW borderLeah Davison reports on an evening workshop that examined the role of art and creativity in conflict zone.  Leah organised this with support from the Global Justice Academy’s and Global Development Academy’s Innovative Initiative Funds.

On 18 March the Edinburgh University International Development Society (EUID), in collaboration with University of Manchester based organisation In Place of War (IPOW), hosted an evening of talk and performance on the subject of art and creativity in conflict zones. The question at hand: what role can creativity play in the realm of social, political and economic development in areas of conflict, war and revolution?

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COP 21: the Global Challenge of Climate Change

Lauren Donnelly is reading for an LLM in Human Rights at Edinburgh Law School. In her role as a Global Justice Academy Student Ambassador, Lauren reflects on discussions raised from the Paris talks on climate change, including what Scotland can do.

On Saturday the 19th of March, the UN House Scotland held, “Climate Change: Global Challenges, Local Solutions Conference” to explore the impact of the much publicised 2015 Paris Climate Change agreement. The event consisted of two panel discussions, the first which examined from an international perspective and the second which explored the Scottish response, to the various challenges faced in achieving the goals set out in this agreement.

COP 21The opening address of conference was delivered by Tom Ballantine, the Chair of Stop Climate Change Scotland. The opening address paved the way for what was to be an inspiring and enlightened discussion throughout the afternoon. The presentation outlined briefly why climate change matters, the broader effects of climate change and climate change after the Paris agreement. It highlighted that climate change has been discussed since the nineteenth century, stressing that despite the fact that the developing world is contributing the least to climate change, these countries are most likely to suffer the impact of global warming. Expanding on this point, the presentation outlined that if we do not act urgently we can expect to see: coastal flooding and displaced people due to land loss; reduced yields of major crops; human insecurity; and mass poverty.

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MBA Team Syria: Making a Difference to the Community

DSC00990As a part of the Strategic Leadership course on Edinburgh’s MBA programme, a group of five students organised a social event to help draw awareness to the Syrian refugee crisis. In this guest post, Debjani Paul offers an overview of the event, which centred around the the personal life experiences of three Syrians now settled in Edinburgh – Aamer Hanouf, Hussen Al Ajraf, and Amer Masri.

With the rising global concerns including climate change, an increase in global population, poverty, and terrorism, world leaders have much to focus on. It is becoming a new norm for companies to be socially responsible by promoting sustainability and contributing at least in one of the global concerns, also known as Corporate Social Responsibility. This is the ethical way to do business that every future leader should practice.

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Out of Serbia

This post was first published on the author’s Remotely Balkan blog, and is re-blogged here with permission.

This post is by Laura Wise. Laura is an Analyst on the Global Justice Academy’s Political Settlements Research Programme. Her research interests include minority mobilisation, state-society relations, and conflict management in South-Eastern Europe.

Röszke, Vasfüggönnyel a bevándorlók ellen. Képen: Szögesdrót a röszkei határátkelőnél. fotó: Segesvári Csaba

Röszke, Vasfüggönnyel a bevándorlók ellen.
Képen: Szögesdrót a röszkei határátkelőnél.
fotó: Segesvári Csaba

The Balkan Express is no more.

Replaced by luxury international coaches from Vienna to Sarajevo, with on-board toilets that work, Wi-Fi, and conductors who serve drinks, gone are the potholed, unreliable minibus journeys that make classic travellers’ tales for the Western backpacker. Last month I made a fleeting visit back to the Balkans; the kind of trip where you spend hours on the aforementioned buses just to meet friends for coffee. It was also a chance to reunite with rakia, and revisit bars where the pop-folk of Dado Polumenta is an acceptable choice of music. However, most of my conversations and experiences kept returning to a more sobering topic: Europe.

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