The Military Commissions scheme established by President George W. Bush in November 2001 has garnered considerable national and international controversy. In parallel with the detention facilities at Guantánamo Bay, Cuba, the creation of military courts has focused significant global attention on the use of such courts as a mechanism to process and try persons suspected of committing terrorist acts or offenses during armed conflict. This book brings together the viewpoints of leading scholars and policy makers on the topic of exceptional courts and military commissions with a series of unique contributions setting out the current "state of the field." The book assesses the relationship between such courts and other intersecting and overlapping legal arenas including constitutional law, international law, international human rights law, and international humanitarian law. By examining the comparative patterns, similarities, and disjunctions arising from the use of such courts, this book also analyzes the political and legal challenges that the creation and operation of exceptional courts produces both within democratic states and for the international community.

This book brings together the viewpoints of leading scholars and policy makers on the topic of exceptional courts and military commissions with a series of unique contributions setting out the current "state of the field." The book assesses the relationship between such courts and other intersecting and overlapping legal arenas including constitutional law, international law, international human rights law, and international humanitarian law.

In the months following its initial release, Guantánamo: What the World Should Know has proved to be a disturbingly accurate account of the Bush administration's tangle with civil liberties and torture. Written by Michael Ratner (Center for Constitutional Rights President and co-consul on the case of Rasul v. Bush)and Ellen Ray (Institute for Media Analysis President), Guantánamo is the most authoritative documentation to date on President Bush's moves toward a network of detention centers--a system without accountability, which flouts U.S. and international law. With a resource section that includes the Gonzales memo to President Bush and excerpts from the Geneva Conventions, Guantánamo provides strong evidence of Ratner explains how Gonzales and the Bush Administration are acting to radically alter America's historic commitment to civil and human rights, and why all Americans should resist what is being done in our name. Gathered together for the first time, Guantánamo: What the World Should Know includes the governmental memoranda that led to the conditions at the Naval Station at Guantánamo Bay, Abu Ghraib and beyond. Ratner and Ray give the definitive account of what led to the current conditions at Guantánamo and the importance of continuing to fight against the violations of U.S. and international law undertaken by the United States since 9-11. This book is a must-read for anyone concerned with the rule of law, liberty, democracy--and the right to dissent. Guantánamo also includes the essay 'A president beyond the law' by Anthony Lewis.

"The moving, eye-opening memoir of an innocent man detained at Gauntánamo Bay for 15 years: a story of humanity in the unlikeliest of places and an unprecedented look at life at Gauntánamo on the eve of its 20th anniversary"--

In his address to the nation on September 20, 2001, President Bush declared war on terrorism and set in motion a detention policy unlike any we have ever seen. Since then, the United States has seized thousands of people from around the globe, setting off a firestorm of controversy. Guantanamo and the Abuse of Presidential Power explores that policy and the intense debates that have followed. Written by an expert on the subject, one of the lawyers who fought -- and won -- the right for prisoners to have judicial review, this important book will be of immense interest to liberals and conservatives alike. With shocking facts and firsthand accounts, Margulies takes readers deep into the Guantánamo Bay prison, into the interrogation rooms and secret cells where hundreds of men and boys have been designated "enemy combatants." Held without legal process, they have been consigned to live out their days in isolation until the Bush administration sees fit to release them -- if itever does. Margulies warns Americans to be especially concerned by the administration's assertion that the Presidentcan have unlimited and unchecked legal authority. Tracing the arguments on both sides of the debate, this vitally important book paints a portrait of a country divided, on the brink of ethical collapse, where the loss of personal freedoms is under greater threat than ever before.

Following the terrorist attacks of September 11, 2001, the United States imprisoned more than 750 men at its naval base at Guantánamo Bay, Cuba. The detainees, ranging from teenagers to elderly men from over forty different countries, were held for years without charges, trial, or a fair hearing. Without any legal status or protection, they were truly outside the law: imprisoned in secret, denied communication with their families, and subjected to extreme isolation, physical and mental abuse, and, in some instances, torture. These are the detainees' stories, told by their lawyers because the prisoners themselves were silenced. It took lawyers who had filed habeas corpus petitions over two years to finally gain the right to visit and talk to their clients at Guantánamo. Even then, lawyers worked under severe restrictions, designed to inhibit communication and maximize secrecy. Eventually, however, lawyers did meet with their clients. This book contains over 100 personal narratives from attorneys who have represented detainees held at Guantánamo as well as at other overseas prisons, from Bagram Air Base in Afghanistan to secret CIA jails or "black sites."

Named one of the Washington Post Book World's Best Books of 2009, The Least Worst Place offers a gripping narrative account of the first one hundred days of Guantanamo. Greenberg, one of America's leading experts on the Bush Administration's policies on terrorism, tells the story through a group of career officers who tried--and ultimately failed--to stymie the Pentagon's desire to implement harsh new policies in Guantanamo and bypass the Geneva Conventions. Peopled with genuine heroes and villains, this narrative of the earliest days of the post-9/11 era centers on the conflicts between Gitmo-based Marine officers intent on upholding the Geneva Accords and an intelligence unit set up under the Pentagon's aegis. The latter ultimately won out, replacing transparency with secrecy, military protocol with violations of basic operation procedures, and humane and legal detainee treatment with harsh interrogation methods and torture. Greenberg's riveting account puts a human face on this little-known story, revealing how America first lost its moral bearings in the wake of 9/11.