Guantánamo Lawyers Urge International Criminal Court to Investigate US Torture Program

An image produced by AMICC (the American NGO Coalition for the International Criminal Court), which advocates for US participation in the ICC. The image was produced in 2016, in an article about the ICC's possible investigation into war crimes in Afghanistan, including those in which US forces were involved.Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.


Ever since evidence first emerged of the US’s post-9/11 torture program — most conspicuously, via the photos of abuse in Abu Ghraib that were revealed in 2004, and the network of CIA “black sites” that were first revealed in the media in late 2005 — opponents of torture have sought to hold accountable those responsible for implementing torture in its various forms: in the CIA’s global network of “black sites,” in proxy prisons in other countries, in Afghanistan and Iraq, and at Guantánamo.

Their efforts have persistently been thwarted. President Obama, notoriously, used the “state secrets doctrine” to prevent torture victims from having their day in the US court system (check out the Jeppesen case in 2010, for example), and, earlier that year, after an internal Justice Department investigation into John Yoo and Jay Bybee, who wrote and approved the notorious “torture memos” of 2002 that purported to re-define torture so that it could be used by the CIA, concluded that they were guilty of “professional misconduct,” the Obama administration allowed a DoJ fixer to override that conclusion, deciding instead that they had merely exercised “poor judgment.”

In December 2014, an important step towards the truth came with the publication of the executive summary of the Senate Intelligence Committee’s report into the CIA’s post-9/11 detention program (the Senate torture report, as it is more colloquially known), which delivered a devastating verdict on the program, even if it was not empowered to hold anyone accountable. And last August, there was good news when James Mitchell and Bruce Jessen, former military psychologists who had developed the torture program for the CIA, settled out of court — for a significant, but undisclosed amount — with several survivors of the rendition and torture program, and the family of another man, Gul Rahman, who had died in Afghanistan. Read the rest of this entry »

Radio: My Discussion with Scott Horton About the Shameful Rehabilitation of George W. Bush, As I Recall His 2002 Memo Authorizing Torture

Radio host Scott Horton and Andy Worthington, photographed calling for the closure of Guantanamo outside the White House on January 11, 2018, the 16th anniversary of the opening of the prison.Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.


Last week I was delighted to be invited to discuss Guantánamo, George W. Bush, torture and the “war on terror” by Scott Horton, the libertarian, Texan-based radio host, and the author of Fool’s Errand: Time to End the War in Afghanistan, in which, as Pentagon Papers whistleblower Daniel Ellsberg notes in a review, he “masterfully explains the tragedy of America’s longest war and makes the case for immediate withdrawal.”

Scott and I have been talking several times a year — and sometime more frequently — since September 2007, when we first spoke about the case of US “enemy combatant” Jose Padilla, tortured on the US mainland. Our interviews have generally been for 20-25 minutes, but for our latest interview the brakes were off, and we spoke for a whole hour.

The show is available here, or here as an MP3, and I wholeheartedly recommend it as a tour through the darkness of the “war on terror” declared by the Bush administration after the 9/11 attacks, as manifested in CIA “black sites,” in the CIA’s “extraordinary renditions” to torture prisons in other countries, in Guantánamo, and in the wars — and the accompanying lawless prisons — in Afghanistan and Iraq. We also looked at the sad failures of the Obama years — not only his failure to close Guantánamo, but how extrajudicial assassination by drones replaced the messy detention, rendition and torture program of the Bush years, but is no more legally or morally acceptable. Read the rest of this entry »

15 Years After 9/11, Still Waiting for the Closure of Guantánamo

The US flag at Guantanamo.Exactly 15 years ago, terrorists attacked the United States, killing 2,996 people, in the World Trade Center and on two hijacked aeroplanes, and changing the world forever.

Within a month, the US had invaded Afghanistan, aiming to destroy al-Qaeda and to topple the Taliban regime that had harbored them. That mission was largely accomplished by early 2002, but instead of leaving, the US outstayed its welcome, “snatching defeat from the jaws of victory,” as Anand Gopal, the journalist and author of No Good Men Among the Living: America, the Taliban, and the War Through Afghan Eyes, explained to me several years ago.

In addition, of course, the Bush administration — led by a president who knew little about the world, attended by two Republican veterans, Dick Cheney and Donald Rumsfeld, who believed in the president’s right to act as he saw fit in times of emergency, unfettered by any kind of checks and balances (the unitary executive theory) — also set up a secret CIA program of kidnap and torture on a global scale, and prisons in Afghanistan and Guantánamo Bay, in Cuba, where the Geneva Conventions did not apply, and where they tried to pretend that indefinite imprisonment without charge or trial was the new normal, rather than a dangerous aberration. Read the rest of this entry »

Insignificant Afghan Finally Approved for Release from Guantánamo

Afghan prisoner Obaidullah, in a photo taken at Guantanamo and included in the classified military files released by WikiLeaks in 2011.Good news from Guantánamo, as another prisoner, Obaidullah, an Afghan, is approved for release by a Periodic Review Board. Decisions have now been taken in the cases of 29 prisoners, with 22 recommended for release, and just seven recommended for ongoing imprisonment. This is a success rate for the prisoners of 76%, which is hugely significant, because, back in 2010, they were either recommended for prosecution or were described as “too dangerous to release” by the Guantánamo Review Task Force, which President Obama established, shortly after taking office in 2009, to review the cases of all the prisoners held when he became president. 23 men were in the former category, and 41 in the latter.

The decision also means that, of the 80 men still held, 28 have been approved for release — 15 by the task force in 2010, and 13 by the PRBs (nine of those approved for release by PRBs have already been freed). 35 others are awaiting PRBs, or are awaiting decisions, and just ten men are facing trials — or have already had trials.

Obaidullah, who was just 19 years old when he was seized at his home in Afghanistan in July 2002, is one of the prisoners who had initially been recommended for prosecution — and is the second former prosecution candidate to be recommended for release by a PRB (three others have been recommended for ongoing imprisonment). He had been put forward for a trial by military commission in September 2008, charged with providing material support for terrorism and conspiracy, based on claims that he “stored and concealed anti-tank mines, other explosive devices, and related equipment”; that he “concealed on his person a notebook describing how to wire and detonate explosive devices”; and that he “knew or intended” that his “material support and resources were to be used in preparation for and in carrying out a terrorist attack.” Read the rest of this entry »

Pentagon Blocks Prisoner Releases from Guantánamo – Including 74-Pound Yemeni Hunger Striker

Members of the campaigning group Witness Against Torture hold up a banner featuring an image of Tariq Ba Odah outside the White House in June 2015 (Photo: Matt Daloisio via Flickr).As the US prison at Guantánamo Bay, Cuba begins its 15th year of operations, there has been a flurry of mainstream media interest, in part because 2016 is President Obama’s last year in office, and yet, when he was first inaugurated in January 2009, he promised to close Guantánamo within a year, an unfulfilled promise that is bound to tarnish his legacy unless he can make good on that promise in his last twelve months in office.

A major report was recently published by Reuters, which focused in particular on the ways in which the Pentagon has been obstructing the release of prisoners, as was clear from the title of the article by Charles Levinson and David Rohde: “Pentagon thwarts Obama’s effort to close Guantánamo.”

Blocking the release of 74-pound hunger striker Tariq Ba Odah

The article began with a damning revelation about Tariq Ba Odah, a Yemeni prisoner who has been on a hunger strike for seven years, and whose weight has dropped, alarmingly, to just 74 pounds (from 148 pounds on his arrival at the prison in 2002), and who is at risk of death. Ba Odah has been unsuccessful in his recent efforts to persuade a judge to order his release, but he is eligible for release anyway. Back in 2009, when President Obama established the high-level, inter-agency Guantánamo Review Task Force to assess all the prisoners’ cases, he was one of 30 Yemenis approved for release but placed in “conditional detention,” a category invented by the task force, which recommended that those placed in this category should only be freed when it was assessed — by whom, it was not explained — that the security situation in Yemen had improved. Read the rest of this entry »

Ten Yemenis Freed from Guantánamo, Given New Homes in Oman; Now 93 Men Remain

Fahd Ghazy, photographed before his capture and his rendition to Guantanamo.As the disgraceful US prison at Guantánamo Bay begins its 15th year of operations, President Obama has been busy attempting to show that, with just one year left in office, he is determined to close the prison, as he promised to do on his second day in office back in January 2009, when he promised to close it within a year. Last month, we heard that 17 men would be released in January, and the releases began just days before the 14th anniversary of the opening of the prison with the release of two Yemenis in Ghana and the return to Kuwait of Fayiz al-Kandari, the last Kuwaiti in the prison. On the actual anniversary, a Saudi was returned home, and two days after the anniversary ten more Yemenis were released in Oman, Yemen’s neighbor, to add to the ten Yemenis sent to Oman last year.

David Remes, who represents three of the men sent to Oman, said it was “a particularly good fit for them,” as the New York Times described it. “I’m sure that they are ecstatic just leaving Guantánamo,” he said. “But it’s even better than that. They’ve been sent to Oman, an Arab country, whose language, culture and religion are their own. Oman is also one of Yemen’s neighbors, so their families will be able to visit them often.”

Three more releases — of unidentified prisoners to unidentified countries — are expected soon, and, after the release of the ten men to Oman, Lee Wolosky, the Special Envoy for Guantánamo Closure in the State Department, said, “We expect to be in a position to empty Guantánamo of all detainees who are currently approved for transfer by this summer.” Including the three men who are expected to be freed soon, Wolosky’s description currently applies to 34 of the 93 men still held  — 25 since January 2010, who were approved for release by President Obama’s high-level, inter-agency Guantánamo Review Task Force, and nine in the last two years, by a new review process, the Periodic Review Boards. Read the rest of this entry »

Shaker Aamer Speaks: First Newspaper Interview Since Release from Guantánamo, in the Mail on Sunday

A photo that Shaker Aamer made available to the We Stand With Shaker campaign to thanks all his supporters who worked so hard to secure his release from Guantanamo.The Mail on Sunday today featured the first interview conducted by Shaker Aamer since his release from Guantánamo six weeks ago, and below are excerpts dealing with his life from 1989 to February 2002, when he arrived at Guantánamo, providing information not previously discussed — in particular, about the circumstances of his visit to Afghanistan and his capture. As someone who campaigned for many years for his release — including in the last year with the We Stand With Shaker campaign I co-founded last November — it is wonderful to hear from him.

Speaking to David Rose, Shaker spoke about his experiences in the US after he left Saudi Arabia, where he was born in 1966, in Medina. From 1989 to 1995, he explained, as Rose noted, that he “lived mostly in Atlanta, in the US state of Georgia, working as a chef in restaurants. In those days he lived a Westernised life: a lover of rock music, he often attended concerts by his favourite bands — including AC/DC and Ozzy Osbourne. In this period, in 1990, he responded to a US army recruitment drive for Arabic/English translators during the first Gulf War — which is how he came to find himself working for the US infantry in Saudi.”

“First I was in the south, then at a base in Tabuk, near the Jordanian border,” Shaker said, explaining that he needed security clearance for the job. “Of course I had to be checked. I was right inside the US base. I got to know those guys very well, especially the colonel — his name was Johansen. Later, I used to tell my interrogators: call Colonel Johansen, he will tell you I’m not a terrorist, that I’m a good guy, and that I’m telling you the truth. I’m sure they never did.” Read the rest of this entry »

Haji Ghalib, the Afghan Freed from Guantánamo Who Is Now Fighting Isis and the Taliban

Former Guantanamo prisoner Haji Ghalib, photographed after his release from Guantanamo in February 2007.When it comes to reports about prisoners released from Guantánamo, there has, since President Obama took office, been an aggressive black propaganda policy — firstly from within the Pentagon and latterly from the Office of the Director of National Intelligence — painting a false picture of the alleged rate of “recidivism” amongst former prisoners, a trend that has also been echoed in the mainstream media, which has repeatedly published whatever nonsense it has been told without questioning it, or asking for anything resembling proof from those government departments that are responsible. For some background, see my articles here, here, here and here – and my appearance on Democracy Now! in January 2010.

The three outstanding problems with the supposed recidivism rate — beyond the lamentable truth that no information backing up the claims has been made publicly available since 2009, and that the media should therefore have been very wary of it — are, firstly, that lazy or cynical media outlets regular add up the numbers of former prisoners described as “confirmed” and “suspected” recidivists to reach an alarming grand total, which, in recent years, is over 25% of those released, when the numbers of those “suspected” of recidivism are based on unverified, single source reporting, and may very well be unreliable. Back in March 2012, for example, as I explained in my article, “Guantánamo and Recidivism: The Media’s Ongoing Failure to Question Official Statistics,” Pentagon spokesman Lt. Col. Todd Breasseale said, “Someone on the ‘suspected’ list could very possibly not be engaged in activities that are counter to our national security interests.” (emphasis added).

The second huge problem with the reports is that even the “confirmed” rate is, very evidently, exaggerated, as it is, to be blunt, inconceivable that as many former prisoners as alleged can have been engaged in military or terrorist activities against the US. In the latest DNI report, for example, made available in September 2015, it is claimed that 117 former prisoners (17.9% of those released) are “Confirmed of Reengaging,” but no indication is given of how that can be possible. Claims can certainly be made for a few dozen “recidivists” — primarily in Afghanistan, and amongst those few former Gulf prisoners who apparently set up an Al-Qaeda offshoot in Yemen — but the figure of 117 is simply implausible. Read the rest of this entry »

Seriously Ill Libyan Approved for Release from Guantánamo by Periodic Review Board

Guantanamo prisoner Omar Mohammed Khalifh in a photo included in the classified military files released by WikiLeaks in 2011.Back in June, Omar Mohammed Khalifh (ISN 695, identified by the US authorities as Omar Khalif Mohammed Abu Baker or Omar Khalifa Mohammed Abu Bakr), a Libyan prisoner (and an amputee) at Guantánamo who is 42 or 43 years old, underwent a Periodic Review Board to ascertain whether he should be recommended for release or continue to be held without charge or trial, as I wrote about here, and on August 20 he was recommended for release, although that information was not made publicly available until last week.

In its Unclassified Summary of Final Determination, the review board stated that, “by consensus,” they “determined that continued law of war detention of the detainee does not remain necessary to protect against a continuing significant threat to the security of the United States.”

The PRBs, which are made up of representatives of the Departments of State, Defense, Justice and Homeland Security, as well as the office of the Director of National Intelligence and the Office of the Joint Chiefs of Staff, were established in 2013 to review the cases of the “forever prisoners,” 48 men who were designated for ongoing imprisonment without charge or trial by the high-level, inter-agency Guantánamo Review Task Force that was appointed by President Obama in 2009 to review the cases of all the prisoners still held at the time to decide whether they should be released or put on trial, or whether they should continue to be held without charge or trial. Read the rest of this entry »

Four Insignificant Afghan Prisoners Released from Guantánamo

Shawali Khan, in a photo included in the classified military files released by WikiLeaks in April 2011.More good news regarding Guantánamo, as four Afghans have been released, and returned to Afghanistan in what US officials, who spoke to the New York Times, “are citing as a sign of their confidence in new Afghan President Ashraf Ghani.”

The Times added, “Obama administration officials said they worked quickly to fulfil the request from Ghani, in office just three months, to return the four — long cleared for release — as a kind of reconciliation and mark of improved US-Afghan relations.”

The Times also noted that there is “no requirement that the Afghan government further detain the men” — Shawali Khan, 51 (ISN 899), Abdul Ghani, 42 (ISN 934), Khi Ali Gul, 51 (ISN 928) and Mohammed Zahir, 61 (ISN 1103) — adding that Afghanistan’s government-appointed High Peace Council also “requested the repatriation of the eight Afghans who are among the 132 detainees remaining at Guantánamo,” 63 of whom have been cleared for release. Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo, co-director, We Stand With Shaker. Also, singer and songwriter (The Four Fathers) and photographer.
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