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The terror courts: rough justice at Guantanamo Bay, Jess Bravin, Published by Yale University Press, hardcover 2013, paperback 2014.

  • Diane Marie Amann (a1)
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1 Military Order of 13 November 2001: Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism, 3 C.F.R. 918 (2001).

2 Terror Courts, pp. 24 and 309.

3 Ibid., p. 54.

4 Ibid., p. 20.

5 Ibid., p. 144.

6 Ibid., p. 216.

7 See Hamdan v. Rumsfeld, 548 US 557, 629-30, 2006 (Stevens, J., joined by Kennedy, Ginsburg, Breyer and Souter, J. J.) (setting forth passage paraphrased by Bravin in text, p. 303).

8 Military Commissions Act of 2006, Pub. L. No. 109-366, 120 Stat. 2600 (codified at 10 USC § 948–950, 18 USC § 2441, 42 USC § 2000). See Terror Courts, p. 311.

9 Ibid., pp. 353–359, 364–365. See also Military Commissions Act of 2009, Pub. L. No. 111-84, tit. 18, 123 Stat. 2190, 2574-2614 (codified at 10 U.S.C. §§ 948a ff.). Johnson would serve in this position from 2009 to 2012; a year later, Obama nominated him to be the Secretary of the Department of Homeland Security, a post he assumed late in 2013. See ‘Homeland Security's New Chief’, in New York Times, 26 December 2013, A26; Ellen Nakashima, ‘Driven by Memories of that “Darkest” Day’, in Washingon Post, 19 October 2013, A3.

10 Terror Courts, p. 365.

11 See US Department of State, Treaties Pending in the Senate, available at: www.state.gov/s/l/treaty/pending/; White House, Fact Sheet: New Actions on Guantánamo and Detainee Policy, 7 March 2011 (urging Senate to act on Protocol II but writing that ‘the Administration continues to have significant concerns with Additional Protocol I’, even as it states that Article 75 of the latter treaty ‘is consistent with our current policies and practice and is one that the United States has historically supported’), available at: www.whitehouse.gov/the-press-office/2011/03/07/fact-sheet-new-actions-guant-namo-and-detainee-policy.

12 See, e.g., Billy Kenber, ‘Official: 9/11 Attorneys Were Improperly Queried’, in Washington Post, 21 September 2013, A2.

13 Terror Courts, pp. 252–259, 322–323.

14 Ibid., p. 372.

15 International Committee of the Red Cross, Customary International Humanitarian Law, Vol. I: Rules, Henckaerts, Jean-Marie and Doswald-Beck, Louise (eds.), Cambridge University Press, Cambridge, 2005, Rule 140.

16 Ibid., p. 373.

17 Ibid., pp. 377–378 (2013 hardback edition). Except for this part of the Epilogue, pagination and content are the same in both editions.

18 Ibid., pp. 377–379 (2014 paperback edition), discussing Al Bahlul v. United States, No. 11-1324 (D.C. Cir. Jan. 25, 2013) (reversing detainee's conviction in recognition of holding in Hamdan v. United States, 696 F.3d 1238 (D.C. Cir. 2012)), available at 2013 WL 297726). See also Linda Greenhouse, ‘Fish or Cut Bait’, in New York Times Opinionator, 3 October 2013 (reporting on consequent en banc oral argument in Al Bahlul, an argument also described in Terror Courts, p. 379 (2014 paperback edition), available at: http://opinionator.blogs.nytimes.com/2013/10/02/fish-or-cut-bait/.

19 Terror Courts, p. 358.

20 Ibid.

21 See Baker, Kenneth, ‘Abu Ghraib's Horrific Images Drove Artist Fernando Botero into Action’, in San Francisco Chronicle, 29 January 2007, E1.

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International Review of the Red Cross
  • ISSN: 1816-3831
  • EISSN: 1607-5889
  • URL: /core/journals/international-review-of-the-red-cross
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