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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Counter-Terrorism, Radicalisation, and the University: Debating the Prevent Strategy

On Friday 15 January 2016, the Global Justice Academy and the Centre for Security Research at The University of Edinburgh hosted a panel discussion on the Prevent Strategy obligations that have been placed on higher education institutions. GJA Student Ambassador, Rebecca Smyth, went along to the debate and outlines the debated arguments as well as her thoughts on this contentious issue in this guest post.

A thing of nothing or something more sinister?  Under section 26 of the 2015 Counter-Terrorism and Security Act universities must “have due regard to the need to prevent people being drawn into terrorism.”  The origins of this ‘Prevent’ duty, and its potential implications for staff and students, were considered at a panel discussion organised by the Global Justice Academy and Centre for Security Research last Friday.  Chaired by Akwugo Emejulu, the panel comprised Gavin Douglas, Deputy Secretary of Student Experience here at the University of Edinburgh; Richard Jones of the School of Law; Genevieve Lennon of the University of Strathclyde Law School; Urte Macikene, EUSA Vice President of Services; and Andrew Neal of the Politics and International Relations department.

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The Islamic State and Al Qaeda: the Return of Jihad to the Middle East

Ewan SteinThis guest post is by Dr Ewan Stein, Lecturer in Politics and International Relations at the University of Edinburgh. A longer version of this post will appear as an article in the journal Afkar/Ideas, published by the Institut Europeu de la Mediterrània, Barcelona.

By the time of the 2010-2011 Arab uprisings Al Qaeda was a peripheral actor in regional politics. It now finds itself in competition with a new, perhaps more powerful, jihadist actor in the Islamic State (IS). But IS and Al Qaeda pursue complimentary, rather than divergent, strategies and the IS phenomenon represents a logical evolution for global jihad.

Following 9/11 and the destruction of its Afghan stronghold Al Qaeda had become a decentralised network of affiliates. The uprisings initially pushed global jihad as a strategy to improve the plight of Muslims in the Middle East even further to the margins, and the death of Osama bin Laden in June 2011 registered as a footnote to the much larger political convulsions of the time.

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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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University of Edinburgh Discontinues Investment in Company Manufacturing US Drone Components

An article in the Guardian newspaper on Sunday reports that the University of Edinburgh has ended its £1.2m investment in Ultra Electronics, a defence company based in England which manufactures components for US drones, on the basis that the investment is not ‘socially responsible’.

US drone

The report states that the decision was made following a campaign by the Edinburgh University Students Association (EUSA), the student environmental group People and Planet and the human rights charity Reprieve. Ultra Electronics makes navigation controls for the US fleet of Predator and Reaper unmanned aerial vehicles, the use of which in Pakistan, Yemen and Somalia has been criticised as violating international law. The report also notes that the University of Edinburgh was the first university in Europe to sign up to the UN principles of responsible investment.

The full article is available on the Guardian website