International Criminal Court Authorizes Investigation into War Crimes in Afghanistan, Including US Torture Program

The logo of the International Criminal Court (ICC) and an image of a secret prison.

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Good news from The Hague, as the Appeals Chamber of the International Criminal Court (ICC) has approved an investigation into war crimes and crimes against humanity committed in Afghanistan since May 2003 “by US armed forces and members of the CIA, the Taliban and affiliated armed groups, and Afghan government forces,” as the Center for Constitutional Rights (CCR) explained in a press release.

The investigation, as CCR also explained, will include “crimes against humanity and war crimes … committed as part of the US torture program,” not only in Afghanistan but also in “the territory of other States Parties to the Rome Statute implicated in the US torture program”; in other words, other sites in the CIA’s global network of “black site” torture prisons, which, notoriously, included facilities in Poland, Romania and Lithuania. As CCR explained, “Although the United States is not a party to the ICC Statute, the Court has jurisdiction over crimes committed by US actors on the territory of a State Party to the ICC,” and this aspect of the investigation will look at crimes committed since July 1, 2002.

AS CCR also explained, “The investigation marks the first time senior US officials may face criminal liability for their involvement in the torture program.”

Read the rest of this entry »

Horribly Repressive: The Truth About Donald Trump’s Guantánamo

Khaled Qassim, Abdul Latif Nasser and Saifullah Paracha, three of the Guantánamo prisoners who told their lawyers that, this summer, they were subjected to repressive and culturally inadequate treatment by medical personnel at the prison.

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In a recent article about Guantánamo — a rarity in the US mainstream media — ABC News picked up on a sad story of medical neglect and culturally inappropriate behavior by medical personnel at the prison, as conveyed to the broadcaster by Shelby Sullivan-Bennis, an attorney who represents some of the 40 men still held.

In “‘Degrading’: Aging detainees describe health care woes at Guantánamo 18 years after 9/11,” ABC News’ Guy Davies described how a “breakdown in trust between detainees and doctors” had “reached breaking point” at the prison.

The ailments of Saifullah Paracha, Guantánamo’s oldest prisoner

Davies’ article began by looking at the case of 72-year old Saifullah Paracha, Guantánamo’s oldest prisoner, who suffers from “debilitating chest pains,” an “overactive bladder and enlarged prostate,” as well as “diabetes, coronary artery disease, diverticulosis, gout, psoriasis and arthritis,” as Sullivan-Bennis told ABC News, adding that he “has also suffered two heart attacks, one of which occurred when he was held in Bagram, in Afghanistan, before his transfer to Guantánamo” in September 2004.

Read the rest of this entry »

As “The Report,” About the CIA Torture Program, Is Released Online, Guantánamo Prisoner Ahmed Rabbani Urges People to Watch It

The poster for “The Report,” about the CIA torture program, and Guantánamo prisoner and former CIA “black site” prisoner Ahmed Rabbani.

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Two weeks ago I published an article about the new movie “The Report” — which looks at the CIA’s post-9/11 torture program — entitled, CIA Torture Report Author Says More Than 119 Prisoners Were Held in “Black Sites” and More Than Three Were Waterboarded, in which I drew on a Vice News interview with former Senate staffer Daniel J. Jones, the lead author of the Senate Intelligence Committee’s report into the torture program, on which the film is based.

Jones — and his team — are true American heroes, having, despite considerable opposition, trawled through six million CIA documents to produce a 6,700-page report that, via its 500-page executive summary, which is all that has been publicly released, is unstinting in its denunciation of the brutality and pointlessness of the torture program. I made his comments available — and focused in particular on the troubling statistics in the article’s title — because I thought it was extremely significant that Jones concluded that there were clearly more than the 119 prisoners included in the report, because the CIA “had no idea how many people they detained,” and that more than three prisoners were subjected to waterboarding, because, as he says, “We found a picture of a waterboard at a detention site where there were no records of any waterboarding taking place, but it had clearly been used.”

“The Report” had its theatrical release on November 15, to generally enthusiastic reviews — an 83% approval rating on the movie aggregator site Rotten Tomatoes,  based on 178 reviews, with 83% approval from audiences too. Last week, I spoke about it on a US radio show, and in just three days’ time, on November 29, it will be released on Amazon Prime.

Read the rest of this entry »

“The World Has Forgotten Me” Says Ahmed Rabbani, 95-Pound Hunger Striker in Guantánamo

Guantanamo prisoner Ahmed Rabbani in a photo made available by his lawyers at Reprieve, and taken before his weight dropped to under 100 pounds as a hunger striker.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.




 

Over 16 and a half years since the ill-conceived prison at Guantánamo Bay opened, and over two and a half years into the presidency of Donald Trump, the terrible injustice of Guantánamo has, sadly, largely slipped off the radar.

The reasons are many — and none reflect well on the US, its institutions and its people. The American people have never cared sufficiently about what is being done in their name at Guantánamo, where the fundamental right not to be imprisoned without due process has been done away with since the prison opened, a product of the country’s all-consuming vengeance after the terrorist attacks of September 11, 2001. Few people, it seems, either know or care that very few people accused of terrorism have actually been held at Guantánamo, and that most of those held were foot soldiers in an inter-Muslim civil war in Afghanistan, or civilians swept up in incompetent dragnets, and that the majority — whether soldiers or civilians — were not “captured on the battlefield,” but were sold to the US by their Afghan and Pakistani allies.

When it comes to America’s institutions, everyone has failed to live up to their responsibilities — President Obama, for example, who took eight years to fail to close the prison, despite promising to do so on his second day in office; Congress, where lawmakers generally take little interest in anything other than appeasing big business; and the courts, who have failed to fundamentally challenge the lawlessness of Guantánamo. Read the rest of this entry »

As Guantánamo Enters Its 17th Year of Operations, Lawyers Hit Trump with Lawsuit Stating That His Blanket Refusal to Release Anyone Amounts to Arbitrary Detention

After launching the new lawsuit against Donald Trump, lawyers with the Center for Constitutional Rights came to the White House to join the annual protest against Guantanamo's continued existence (on the left, legal director Baher Azmy, and on the right, Omar Farah and Pardiss Kebriaei. In the center is Advocacy Program Manager Aliya Hussain (Photo: Andy Worthington).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, including my current visit to the US.





 

January 11 was the 16th anniversary of the opening of the prison at Guantánamo, and as campaigners (myself included) were making their way to the White House to prepare for the annual protest against the prison’s continued existence — the first under Donald Trump — and, in my case, to launch the new poster campaign counting how many days Guantánamo has been open, and urging Donald Trump to close it, lawyers with the Center for Constitutional Rights and Reprieve were launching a new lawsuit at the National Press Club prior to joining the protesters.

The lawsuit was brought on behalf of eleven prisoners, and, as CCR’s press release states, it “argues that Trump’s proclamation against releasing anyone from Guantánamo, regardless of their circumstances, which has borne out for the first full year of the Trump presidency, is arbitrary and unlawful and amounts to ‘perpetual detention for detention’s sake.’”

CCR Senior Staff Attorney Pardiss Kebriaei said, “It’s clear that a man who thinks we should water-board terror suspects even if it doesn’t work, because ‘they deserve it, anyway’ has no qualms about keeping every last detainee in Guantanamo, so long as he holds the jailhouse key.”

CCR’s press release also stated, “The filing argues that continued detention is unconstitutional because any legitimate rationale for initially detaining these men has long since expired; detention now, 16 years into Guantánamo’s operation, is based only on Trump’s raw antipathy towards Guantánamo prisoners – all foreign-born Muslim men – and Muslims more broadly,” adding that “Donald Trump’s proclamation that he will not release any detainees during his administration reverses the approach and policies of both President Bush and President Obama, who collectively released nearly 750 men.” Read the rest of this entry »

Guantánamo Hunger Striker Khalid Qassim Says, “We Are Like Lab Rats,” Says Doctor Told Him, “If You Lose Organs, It Is Your Choice”

Guantanamo prisoner Khalid Qassim, in a photo included in the classified military files released by WikiLeaks in 2011.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 Thursday, as I travelled across London to show solidarity with the victims of a recent injustice in the UK — the Grenfell Tower fire in June, in which 71 people died needlessly because safety standards had been so gravely eroded by those responsible for residents’ safety — the victim of another injustice, not adequately dealt with for 16 years, had an article published in the Guardian.

That victim of injustice is Khalid Qassim (aka Qasim), a Yemeni prisoner at Guantánamo, held for almost 16 years without charge or trial. That would be unacceptable if he were a prisoner of war, as it is longer than the absurdly long Vietnam War, and it is insulting to claim that any war can last forever. However, Qassim and all the men held at Guantánamo since January 2002 have never been held as prisoners of war under the Geneva Conventions, who can be held unmolested until the end of hostilities.

Instead, they are, essentially, the same prisoners without any rights whatsoever that the Bush administration first defined them as back in January 2002. Just ten of the 41 men still held are facing or have faced trials (in the military commission trial system that, in any case, is not fit for purpose), while the rest are still largely invisible, never tried, never charged, and unable to be freed except at the whim of the president. Read the rest of this entry »

Persistent Dehumanization at Guantánamo: US Claims It Owns Prisoners’ Art, Just As It Claims to Own Their Memories of Torture

"Empty glassware" (2015) by Guantanamo prisoner Ahmed Rabbani.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.





 

I wrote the following article (as “The Persistent Abuse of Guantánamo Prisoners: Pentagon Claims It Owns Their Art and May Destroy It, But U.S. Has Long Claimed It Even Owns Their Memories of Torture“) for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

After years of letting Guantánamo prisoners keep the artwork they have made at the prison, subject to security screening, the Pentagon has suddenly secured widespread condemnation for banning its release, and, it is alleged by one of prisoners’ attorneys, for planning to burn it.

The story was first reported on November 16 by Carol Rosenberg of the Miami Herald, and updated on November 20. Rosenberg explained how, for years, prisoners’ art had been released “after inspection by prison workers schooled in studying material for secret messages under the rubric of Operational Security.”

However, as Rosenberg explained, “Ode to the Sea: Art from Guantánamo Bay,” an exhibition in the President’s Gallery of New York’s John Jay College of Criminal Justice until January 16, 2018, which features “paintings and other works by current and former captives” — and “which garnered international press coverage” — “apparently caught the attention of the Department of Defense,” because of an email address provided for people “interested in purchasing art from these artists.” Read the rest of this entry »

My New Article for Al Jazeera English: The Struggle to Stop the Trump Administration’s Potentially Deadly Neglect of Guantánamo Hunger Strikers

An image of Guantanamo by Sami al-Haj, as reproduced by British artist Lewis Peake in 2008, based on a drawing by Sami that the Pentagon censors refused to allow the public to see. The drawing, one of a series of five, was commissioned by Sami's lawyers at the lawyer-led international human rights organization Reprieve.I’m delighted to report that Al Jazeera English have just published an article I wrote for them, Guantánamo detainee: US changed force-feeding policy, which I hope you have time to read, and will share if you find it informative.

The article came out of the shocking news announced by the human rights organization Reprieve six weeks ago, when they reported that they had been told that the authorities at Guantánamo were no longer force-feeding long-term hunger strikers, as had been happening for ten years — an announcement that I wrote about at the time in an article entitled, Trump’s Disturbing New Guantánamo Policy: Allowing Hunger Strikers to Starve to Death.

Force-feeding is akin to torture, as medical experts have long established, but, as I have been mentioning since this story broke, it surely cannot be acceptable for men who have been held for up to 16 years without ever being charged or tried to be allowed to starve to death, and there should, therefore, be another response, one sought by the prisoners themselves, who are asking either to be charged or released, a not unreasonable request after so long. Read the rest of this entry »

Former Guantánamo Prisoner Lakhdar Boumediene Condemns “Cruel, Sadistic” New Policy of Allowing Hunger Strikers to Starve

Former Guantanamo prisoner Lakhdar Boumediene.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.





 

It’s nearly a month since Guantánamo thrust its way back into the public consciousness with news from the human rights organization Reprieve that, under a new chief medical officer at Guantánamo, the rules for treating long-term hunger strikers had changed. Where, previously, those going without food were force-fed when they lost a fifth of their body weight, two hunger strikers — Ahmed Rabbani and Khalid Qassim, clients of Reprieve — indicated that, since the new appointment, on September 20, they were no longer being force-fed, and were not even being monitored.

Following further phone discussions with their clients, Reprieve suggested that what was happening was that prisoners were being left to suffer whatever damage might ensue from prolonged starving, but the medical authorities were still intending to force-feed them if it looked like they might die.

Force-feeding is a horrible process, of course, akin to torture, but although medical experts insist that mentally competent prisoners must be allowed to starve themselves to death, if they wish, that does not strike me as relevant at Guantánamo, where the men on hunger strike have never been tried or convicted of any crime, and allowing them to die would actually endorse the very reason they are hunger striking in the first place — because they are being held without charge or trial, with no end in sight to their preposterously long ordeal, and they have no other way of protesting about the injustice of their predicament. Read the rest of this entry »

Celebrities Fasting With the Hunger Striking Guantánamo Prisoners That Donald Trump Is Allowing to Die

Some of those fasting in solidarity with the hunger striking prisoners at Guantanamo, who are at risk of dying under a new policy implemented by the Trump administration on September 20, 2017. Clockwise from top left: Roger Waters, Tom Watson MP, Sara Pascoe, David Morrissey, Mark Rylance and Stephen Fry.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.





 

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

It’s two weeks since the international human rights organization Reprieve let the world know that, under Donald Trump, the military at Guantánamo has come up with a disturbing new way of dealing with hunger strikers — allowing them to die. Previously, long-term hunger strikers who lost one-fifth of their body weight but refused to stop hunger striking were force-fed — a barbaric process that experts view as tantamount to torture, and a view that I endorse. However, although experts also state that competent hunger strikers must be allowed to die if they wish, that has always struck me as an unacceptable option for prisoners who have never been convicted of a crime. The third option, which should be implemented, is for the US government to do what the hunger strikers want — which is to be charged or released.

I broke the news of this disturbing policy change on my website on October 7, and followed up with an analysis of the New York Times’ coverage four days after. Since then there have been op-eds by the two prisoners represented by Reprieve, Ahmed Rabbani (in Newsweek) and Khalid Qassim (in the Guardian), and to accompany the coverage — finally shining a light back on Guantánamo after, for the most part, silence on the topic since Donald Trump took office — Reprieve launched a petition to Donald Trump, asking for him to allow independent medical experts to assess the health of the hunger strikers, and to close Guantánamo for good, which currently has nearly 22,000 signatures, and also encouraged supporters to fast in solidarity with the hunger strikers.

Reprieve’s founder, Clive Stafford Smith, led the way with the fasting (for five days straight), and was soon joined by others. Over a thousand days have been pledged so far, with some well-known people joining in, like music legend Roger Waters, formerly of Pink Floyd, who wrote on Facebook: 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 (The State of London).
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