Guantanamo Bay Cases

Teresa Miguel — Thu, 31 Jul 2008 23:00:00 GMT

The U.S. District Court in the District of Columbia has created a webpage of public information on the Guantanamo Bay cases. Find the court schedule, court orders and opinions, and press releases and notices.

Meanwhile, back at the camp, the trial of Osama Bin Laden's driver, Salim Ahmed Hamdan, began about 10 days ago, as reported on NPR. In 2006, Yale law students worked closely with Mr. Hamdan's lawyer, Neal Katyal, a YLS grad, in his challenge of the use of military commissions; they were victorious. As a result, Congress passed the Military Commissions Act of 2006.

Another Guantanamo prisoner, Omar Khadr, has been in the news recently as a result of the release of a videotaped interrogation conducted on the island. The video was released by Mr. Khadar's defense team, as explained in this story on NPR. An interesting history of Mr. Khadar's life and eventual detention at Guantanamo can be read in a 2006 article in Rolling Stone; a summary of his legal history can be found on Human Rights First.

The U.S. Dept. of Defense, Military Commissions, has a website with court filings and documents pertaining to Mr. Khadr's and Mr. Hamdan's cases, as well as other Guantanamo Bay detainees facing trial. The Military Commissions Act and Military Commissions Manual can also be found here.

The Yale Law Library has several recently published book on the Military Commissions Act of 2006 and the Guantanamo detainees:

Honor Bound: Inside the Guantanamo Trials by Kyndra Miller Rotunda (2008)
Bush, the Detainees, and the Constitution: The Battle over Presidential Power in the War on Terror by Howard Ball (2007)
Beyond the Law: The Bush Administration's Unlawful Responses in the "War" on Terror by Jordan J. Paust (2007)

We also have interesting historical works on military commissions in the U.S.:

Constitutional Limitation on Trials by Military Commissions by Harold Loeb (1943) (microfiche)
Military Commissions for the Trial of Citizens: A Letter to the Attorney General of the United States by John H. James, Jr. (1860) (microfiche and MOML)
An Argument to Establish the Illegality of Military Commissions in the United States, and Especially of the One Organized for the Trial of the Parties Charged with Conspiring to Assassinate the Late President, and Others, Presented to that Commission, on Monday, the 19th of June, 1865 by Reverdy Johnson, one of the counsel of Mrs. Surratt (1865)

There are several online, free research guides pertaining to the Military Commissions Act of 2006:

Yale Law Library - Foreign and International Blog : military commissions

Guantanamo Bay Cases