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 »

Exactly 16 Years Ago, George W. Bush Opened the Floodgates to Torture at Guantánamo

George W. Bush and one of the iconic images of prisoner abuse from Abu Ghraib in Iraq.

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.


Since the terrible elevation of the grotesquely inadequate figure of Donald Trump to the position of President of the United States, there has been a bizarre propensity, on the part of those in the center and on the left of US political life, to seek to rehabilitate the previous Republican president, George W. Bush.

So let’s nip this in the bud, shall we? Because unless you’ve been away from the planet for the last 20 years, you must be aware that it was George W. Bush who initiated the US’s brutal and thoroughly counter-productive “war on terror” in the wake of the terrorist attacks of September 11, 2001, which involved authorizing the CIA to set up a secret detention and torture program, establishing a prison outside the law at Guantánamo Bay, Cuba, establishing deportation and surveillance programs within the US, invading one country (Afghanistan) in response to the attacks, where US troops remain to this day, despite having long ago ”snatched defeat from the jaws of victory,” as the author Anand Gopal once explained to me, and invading another country (Iraq) that had nothing to do with 9/11 or al-Qaeda, but which was nevertheless destroyed, along the way serving as the crucible for the creation of a newer threat, Daesh, or Islamic State, as it is more colloquial known in the West, a kind of turbo-charged reincarnation of al-Qaeda.

Today, February 7, is the 16th anniversary of one particularly sinister and misguided development in Bush’s “war on terror” — a memorandum, entitled, “Humane Treatment of Taliban and al Qaeda Detainees,” which was sent to just a handful of recipients including Vice President Dick Cheney, Secretary of Defense Donald Rumsfeld, Secretary of State Colin Powell, Attorney General John Ashcroft, CIA director George Tenet, and General Richard B. Myers, the Chairman of the Joint Chiefs of Staff. 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 »

Video: Andy Worthington’s Band The Four Fathers Play “81 Million Dollars” About the US Torture Program, Calling for Bush, Cheney and Others to be Held Accountable

Richard Clare and Andy Worthington of The Four Fathers play '81 Million Dollars', Andy's song about the US torture program, in a screenshot from a video.To coincide with some renewed activity in connection with the Bush administration’s torture program — namely, the ACLU suing James Mitchell and Bruce Jessen, the former military psychologists who set up the program — I’m taking the opportunity to make available a video of my song ‘81 Million Dollars‘ about the torture program, and about Mitchell and Jessen.

$81m is the amount Mitchell and Jessen were paid for taking their experience as psychologists involved in the US military’s SERE (Survival, Evasion, Resistance, Escape) program — which involved subjecting US personnel to torture to prepare them if they were seized by a hostile enemy — and reverse-engineering it for use in real-life situations, something for which they were abjectly unqualified.

The result, as the executive summary of the Senate Intelligence Committee’s CIA torture report made clear last December, was unspeakably brutal and pointless, producing no information that could not have been produced without the use of torture. It also involved the CIA lying about its actions.

See below for the video, of myself and Richard Clare of my band The Four Fathers, playing the song last month while my friend Todd Pierce (the former military defense attorney who represented Guantánamo prisoners in their military commission trials) was staying with me. Please note also that the version by the full band is available here on Bandcamp, where those interested can buy it for just 60p ($0.93), or as part of the whole of our album ‘Love and War’ — as a download or on CD. Read the rest of this entry »

Andy Worthington’s Interview about Guantánamo and Torture for Columbia University’s Rule of Law Oral History Project

Read my full interview here.

On Independence Day in the US, I’d like to direct readers to a wonderful resource, The Rule of Law Oral History Project, undertaken by the Columbia Center for Oral History at Columbia University Library in New York. The project’s website explains that The Rule of Law Oral History Project was “initiated in 2008 to explore and document the state of human and civil rights in the post-9/11 world. In its first year, the project conducted a series of interviews with attorneys in order to document legal challenges against capital punishment in the United States. Recognizing important intersections between litigation challenging the administration of capital punishment and the legal architecture of post-9/11 detention policies and practices, the Rule of Law Oral History Project expanded in 2010 to study the statutory and constitutional challenges of the use of the detention facilities at Guantánamo Bay.”

I was interviewed for this project two years ago by Anne McClintock, a delightful interviewer who is Simone de Beauvoir Professor of English and Women’s and Gender Studies at the University of Wisconsin-Madison, and who was very generous in support of my work, as this exchange shows:

Q (Anne): [D]o you know Adam Hochschild?

Worthington: No.

Q: A wonderful writer. He wrote a fabulous book called King Leopold’s Ghost. He’s a historian; he’s a journalist at [University of California] Berkeley. But he talks about the great forgettings of history, and I think U.S. history is a history that’s based on cultural amnesia. That’s why I think your work is so extraordinarily important because you’re taking this forgotten history, the great forgettings, and you’re insisting in recalling it to memory. Read the rest of this entry »

Video: Todd Pierce Discusses the Lawlessness of Guantánamo’s Military Commissions on “London Real”

I’ve been meaning for some time to post a video of my friend Todd Pierce, a retired major in the US Army JAG (Judge Advocate General) Corps, being interviewed on the “London Real” show run by US ex-pat — and former banker — Brian Rose.

Todd retired from the US military in November 2012, but he had previously been involved in representing two prisoners charged in the military commissions at Guantánamo, which, for prosecuting alleged war criminals in the “war on terror,” were revived by the Bush administration in November 2001 based on their use on would-be Nazi saboteurs in World War II. They were then ruled illegal by the Supreme Court in June 2006, revived again by Congress in the fall of 2006, and revived again under President Obama in 2009.

Todd was part of the legal team for Ibrahim al-Qosi, from Sudan, who accepted a plea deal and was freed in July 2012, and Ali Hamza al-Bahlul, who refused all representation, and was given a life sentence in November 2008 after a disgraceful one-sided trial. Ironically, al-Bahlul is one of two prisoners (along with Salim Hamdan) who shook the tattered credibility of the commissions in October 2012 and January 2013, when the appeals court in Washington D.C. threw out the convictions against both men on the basis that the alleged war crimes for which they had been convicted were not war crimes at all, and had been invented by Congress. In al-Bahlul’s case, the government has appealed, but a ruling has not yet been delivered, and he remains held. Read the rest of this entry »

The Chaotic History of Guantánamo’s Military Commissions

See the full list here of everyone charged in the military commissions at Guantánamo.

Recently, a friend asked me for information about all the Guantánamo prisoners who have been put forward for military commission trials at Guantánamo, and after undertaking a search online, I realized that I couldn’t find a single place listing all the prisoners who have been charged in the three versions of the commissions that have existed since 2001, or the total number of men charged.

As a result, I decided that it would be useful to do some research and to provide a list of all the men charged — a total of 30, it transpires — as well as providing some updates about the commissions, which I have been covering since 2006, but have not reported on since October. The full list of everyone charged in the military commissions is here, which I’ll be updating on a regular basis, and please read on for a brief history of the commissions and for my analysis of what has taken place in the last few months.

The commissions were dragged out of the history books by Dick Cheney on November 13, 2001, when a Military Order authorizing the creation of the commissions was stealthily issued with almost no oversight, as I explained in an article in June 2007, while the Washington Post was publishing a major series on Cheney by Barton Gellman (the author of Angler, a subsequent book about Cheney) and Jo Becker. Alarmingly, as I explained in that article, the order “stripped foreign terror suspects of access to any courts, authorized their indefinite imprisonment without charge, and also authorized the creation of ‘Military Commissions,’ before which they could be tried using secret evidence,” including evidence derived through the use of torture. Read the rest of this entry »

Torture Began at Guantánamo with Bush’s Presidential Memo 12 Years Ago

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with 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.

This is a grim time of year for anniversaries relating to Guantánamo. Two days ago, February 6, was the first anniversary of the start of last year’s prison-wide hunger strike, which woke the world up to the ongoing plight of the prisoners — over half of whom were cleared for release by a Presidential task force over four years ago but are still held.

The hunger strike — which, it should be noted, resumed at the end of last year, and currently involves dozens of prisoners — forced President Obama to promise to resume releasing prisoners, after a three-year period in which the release of prisoners had almost ground to a halt, because of opposition in Congress, and President Obama’s unwillingness to overcome that opposition, even though he had the power to do so.

To mark the anniversary, a number of NGOs — the ACLU, Amnesty International, the Center for Constitutional Rights, Human Rights First and Human Rights Watch — launched a campaign on Thursday, “Take a Stand for Justice,” encouraging people to call the White House (on 202-456-1111) to declare their support for President Obama’s recent call for Guantánamo to be closed for good (in his State of the Union address, he said, “With the Afghan war ending, this needs to be the year Congress lifts the remaining restrictions on detainee transfers and we close the prison at Guantánamo Bay”). Please call the White House if you can, and share the page via social media. Read the rest of this entry »

Radio: Andy Worthington Discusses Guantánamo’s 12th Anniversary and Accountability for Torture with Scott Horton and Peter B. Collins

On Wednesday (November 13), the media, inspired by an article for the Guardian by Col. Morris Davis, the former chief prosecutor of the military commissions at Guantánamo, who has become a formidable critic of the prison since his resignation six years ago, picked up on a baleful anniversary — the 12th anniversary of the creation of one of the main founding documents of the Bush administration’s “war on terror.”

I subsequently spoke to Scott Horton on his hard-hitting political show, the latest in the dozens of interviews with Scott that I have taken part in over the last six years. The half-hour show is available here as an MP3, and I hope you have time to listen to it.

Scott described the show as follows: “Andy Worthington, author of The Guantánamo Files, discusses how Dick Cheney helped make torture an official US government policy; former Guantanamo inmate Omar Khadr’s fight for justice in a Canadian prison; and how torture has poisoned America’s soul.”

As Scott explained, we did indeed talk about how Omar Khadr, and his appeal against his outrageous 2010 conviction for war crimes (which I wrote about here), as well as also discussing the need for accountability for all of the senior Bush administration officials (up to and including George  W. Bush, Dick Cheney and Donald Rumsfeld) and their lawyers, who approved the use of torture. Read the rest of this entry »

Video: Culture of Impunity Part Two – Andy Worthington on Bush’s War Crimes, Bradley Manning and Guantánamo

Six weeks ago, on June 26, the International Day in Support of Victims of Torture, initiated by the United Nations in 1997, on the 10th anniversary of the the day that the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment came into force, I posted the first half of a newly released documentary film, “Culture of Impunity,” for which I was interviewed along with the law professor and author Marjorie Cohn, the professor, author and filmmaker Saul Landau, the author and activist David Swanson, Laura Pitter of Human Rights Watch and Stephen Rohde of the ACLU.

The documentary, which looks at the many ways in which the most senior figures in the Bush administration — including George W. Bush, Dick Cheney and Donald Rumsfeld — have escaped accountability for the crimes committed in the “war on terror” declared after the 9/11 attacks, was produced by Alternate Focus, which describes itself as “working for peace and justice by offering the American public media which shows another side of Middle Eastern issues,” and I was interviewed for it in April.

The producer, John Odam, has just sent me a link to the second part of this powerful documentary, on YouTube, which I’ve made available below, along with the first part. It features all of the experts interviewed in the first half, as well as Stephen Zunes, a Professor of Politics and International Studies at the University of San Francisco. Read the rest of this entry »

Back to home page

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.
Email Andy Worthington

CD: Love and War

Love and War by The Four Fathers

The Guantánamo Files book cover

The Guantánamo Files

The Battle of the Beanfield book cover

The Battle of the Beanfield

Stonehenge: Celebration & Subversion book cover

Stonehenge: Celebration & Subversion

Outside The Law DVD cover

Outside the Law: Stories from Guantánamo


Posts & Comments

World Wide Web Consortium



Powered by WordPress

Designed by Josh King-Farlow

Please support Andy Worthington, independent journalist:


In Touch

Follow me on Facebook

Become a fan on Facebook

Subscribe to me on YouTubeSubscribe to me on YouTube

Andy's Flickr photos



Tag Cloud

Afghans in Guantanamo Al-Qaeda Andy Worthington British prisoners CIA torture prisons Clive Stafford Smith Close Guantanamo David Cameron Donald Trump Four Fathers Guantanamo Hunger strikes London Military Commission NHS NHS privatisation Periodic Review Boards Photos President Obama Reprieve Shaker Aamer The Four Fathers Torture UK austerity UK protest US courts Video We Stand With Shaker WikiLeaks Yemenis in Guantanamo