Workshop on Dignity: Reporting from an Innovative Initiative Fund Event

 

The Edinburgh Legal Theory Research Group had the pleasure of hosting, with the kind sponsorship of the Global Justice Academy through its Innovative Initiative Fund, the Workshop on Dignity on 6 October 2016. The workshop had three speakers: Ioanna Tourkochoriti (National University of Ireland Galway), Colin Bird (University of Virginia), and Adam Etinson (St. Andrews).

This guest post by co-organisers, Lucas Miotto and Paul Burgess, discusses the presentations and debate that took place.

The workshop was well attended by both staff members and students. An interesting, and beneficial, feature of the audience, was that it reflected the interdisciplinary character of the topic; we had attendees coming from myriad fields, such as politics, human rights, international and constitutional law, as well as legal and moral philosophy. Discussion was very lively and, perhaps due to the diverse character of the audience, presenters received feedback and questions from several different angles.

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Getting to Grips with Guantánamo IV: 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 III: 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 II: 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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Getting to Grips with Guantánamo I: 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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Responding to the moral crisis in northern Nigeria and expecting the unexpected

In this guest blog by Zoe Marks of the Centre of African Studies at the University of Edinburgh, she discusses responses to the kidnapping of nearly three hundred school girls in northern Nigeria, and argues that something can be done. This blog was written on May 6, 2014.

What is a war on terrorism if not the rescue of 276 hostages? Prisoners, forced wives, sex slaves, chattel for market, domestic servants, human trafficking victims – aspiring, diligent, brave young girls.

We are facing an urgent moral crisis and fumbling. More than 20 days have passed since over 300 schoolgirls were corralled onto lorries in the middle of the night, captured by men claiming to be soldiers there to protect them. For three weeks, the Nigerian government has punted, Western governments have stood on the sidelines, and regional allies and the African Union have not even shown up to the pitch. Nigerian President Goodluck Jonathan did not call his first strategy meeting until last Saturday (4 May). His military advisory committee was convened only today for the first time (6 May).

When abducted on 14 April, the students were already far from home. They had travelled to Chibok Government Girls Secondary School despite school closures throughout Borno State not to make a political statement, but simply to sit the same high school certificate exams being taken by their peers across West Africa.

Boko Haram

Boko Haram militants. Source: Boko Haram video.

Boko Haram, the al Qaeda-aligned insurgency that has destabilized the region, only claimed responsibility for the kidnapping yesterday (5 May). They released an hour-long video of masked men standing heavily armed and silent while their leader read a lengthy harangue. The girls were nowhere to be seen. He parroted back as threats what the news media has been recycling as fact, raising more questions than answers.

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We kill people to tell people that killing people is wrong?

Harriet Cornell is the Development Officer for the Global Justice Academy. In this guest post, she reports on the botched execution of Clayton Lockett in Oklahoma, and the state of the death penalty in the United States.

Ohio drugs protocol

In 2005, this memo was posted next to the death chamber at the Southern Ohio Correctional Facility in Lucasville, Ohio. Credit: AP File Photo

The state of Oklahoma executed Clayton Lockett at 6pm local time on Tuesday 29 April 2014. Or, according to widespread news reports and a statement from Robert Patton (Director of Oklahoma Department of Corrections), the state attempted to execute Lockett but failed, and he died 43 minutes later from a massive heart attack. Charles Warner was due to follow Lockett to the gurney at 8pm, but has been granted a 14-day stay by Governor Mary Fallin, pending an investigation into what happened in that execution chamber. Continue reading

Justice versus Peace? Syrian Atrocities and International Criminal Justice

Christine Bell, Professor of Constitutional Law and Director of the Global Justice Academy, comments on recent Human Rights developments in Syria.

syria blog

A recent report into torture – interestingly with a connection to Scotland (one of the researches is based in Dundee University) – has provided strong evidence that the Assad regime has been involved in gross human rights violations.  The report was produced by a set of international experts in international criminal law and forensics, requested by Carter-Ruck & Co solicitors, acting for Qatar National State who apparently support the Syrian National Movement (none of this is very clear from the face of the report, which has been linked to from Carter-Ruck’s website, neither is it very clear from the Carter-Ruck press release which does not mention a client).

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