terrorism

One week at Guantánamo Bay, a land filled with stark contrasts

Davis Wright is a recent graduate of the University of Georgia School of Law (JD magna cum laude 2022). During his time in law school, Davis was: Executive Articles Editor for Vol. 50 of the Georgia Journal of International & Comparative Law; co-founder and co-president of the Privacy, Security, and Technology Law Society; and participant in the 2021 Philip C. Jessup International Law Moot Court Competition. Additionally, he completed a semester-long externship in Norfolk, Virginia, in the legal department of HQ SACT, a leading unit of the North Atlantic Treaty Organization; his prior post on that NATO experience is here. This month, Davis will begin practicing law as an Associate at Jones Day in Atlanta. He would like to thank Georgia Law’s Dean Rusk International Law Center for contributing funding to allow him to fly to Washington, D.C., in order to participate as a nongovernmental organization (NGO) observer in Guantánamo Bay, Cuba – an experience that he recounts in this post.

From September 9 to 16, 2022, I was granted the opportunity to be the National Institute of Military Justice NGO Observer at the U.S. Military Commission hearings at Naval Station Guantanamo Bay (NSGB) in Guantánamo Bay, Cuba, in the case against the defendant known as Abd al-Hadi al-Iraqi, although he calls himself Nashwan al-Tamir.

During my time in Guantanamo, I found stark contrasts everywhere: internally, with how I viewed Mr. al-Hadi’s treatment, and externally, with all that I observed on NSGB.

Guantánamo Bay is a beautiful place. Flying into the airstrip of NSGB, you can see the stunning landscape of Cuba, with many mountains jutting out from the island.

After crossing the bay via ferry, surveying the views on water, I arrived at the area of the base that includes Camp Justice, the makeshift complex where the military commissions are held.

After completing check-in, passing through security, and being instructed on what I could and could not do while on base, I was given a tour of the base by my escort.

This was where I noticed the first contrast:

  • Initially, I was shown rocky beaches with clear blue water, breathtaking lookouts with 360-degree views, and lively wildlife that was all around, including iguanas, banana rats, deer, and guinea fowl.
  • But then I also was able to view Camp X-Ray, the hastily thrown together detention facility that housed the first of captives held at Guantánamo Bay in the United States’ war on terror. In this facility, and then in the more permanent Camp Delta afterwards, detainees were (and still are) held without charges, and many allege that they were tortured and abused. X-Ray is now unused and run down, poking out through the overgrown foliage that threatens to swallow it. Nevertheless, it casts a dark shadow and eerie presence over the otherwise idyllic landscape.

The next day, we were shown all that Guantánamo Bay has to offer. There are the aforementioned beaches, a bowling alley, an arcade, an Irish pub, a tiki bar, basketball, racquetball, and pickleball courts, mini-golf, and much more. And I took advantage, by eating, drinking, and enjoying myself on an island that displayed beauty everywhere I looked.

This was the next contrast.

Because while I had just enjoyed what was essentially a day of vacation on a Sunday in Guantánamo Bay, the next morning, behind layers of security, I was observing a U.S. Military Commission hearing for Mr. al-Hadi.

The pre-sentencing hearing that day focused on Mr. al-Hadi’s failing health. Mr. al-Hadi has previously endured 5 spine surgeries, due to a degenerative-spine disease. He needs a sixth. However, an MRI machine is needed to evaluate his spine, and the only one to which he has access at Guantánamo Bay has been broken since November 2021. Although the previous MRI machine had been provided via an awarded contract to a private company, the government failed to contract for maintenance, and, as a result, the machine demagnetized due to a catastrophic loss of helium. Mr. al-Hadi also needs a dexa scan, and the base does not have this capability.

The government has provided an estimate of December 2022 for the operability of a new MRI machine and download of software to the existing CT scan machine to make a dexa scan possible. However, the previous (and now broken) MRI machine took several years to finally make its way to the base and become operational. Due to this, the defense counsel expressed deep skepticism over whether the government’s timeline was realistic. Counsel asked to take the testimony of the Senior Medical Officer – the equivalent of Mr. al-Hadi’s primary care physician – to inquire into his current health situation. Defense counsel also asked to take the testimony of the chair of the Senior Medical Advising Committee, arguing that this individual likely has information regarding the procurement and administration of the MRI machine.

Who, exactly, is this defendant?

Mr. al-Hadi was captured in Turkey in late 2006 and held at a CIA black site for 5 to 6 months. After this time, he was transferred to the detention facility at NSGB. As described in an article by New York Times reporter Carol Rosenberg, this past June Mr. al-Hadi pleaded guilty to the “war crimes of attacking private property – a U.S. military medevac helicopter that insurgents who answered to him failed to shoot down in Afghanistan in 2003 – and of treachery and conspiracy connected to insurgent bombings that killed at least three allied troops, one each from Canada, Britain and Germany.” Many of his fellow detainees are accused of other war crimes; they include Abd al-Rahim al-Nashiri, who allegedly orchestrated the attacks on the USS Cole, and Khalid Shaikh Mohammed, who is alleged to have been one of the masterminds behind the 9/11 attacks.

This is yet another contrast.

It is hard to feel sympathetic for the detainees, including Mr. al-Hadi, because most have legitimately committed heinous crimes against the United States. Yet – unlike others who have also committed heinous crimes but were convicted in U.S. courts – detainees at Guantánamo Bay were held for lengthy periods of time without charges. Many detainees allege that they were tortured either before coming to or during their time on base. These men are also aging and facing increasing health problems, which the government, to date, has inadequately addressed. It is easy to want to ignore these injustices when faced with the war crimes that were committed by those held in Guantanamo Bay. But as Dr. Martin Luther King Jr. said: “Injustice anywhere is a threat to justice everywhere.” And although that quote may be cliché, the United States (and those keeping it accountable) must fight to the urge to allow the crimes of the accused to determine the quality of the legal process they receive.

After the Monday hearing, Tuesday was a classified session, which NGO observers were prohibited from attending, presumably because the judge granted one or both of the defense counsel’s motions for new testimony. And the Wednesday through Friday hearings were either cancelled or classified as well.

This led to the final contrast that I observed. While I got a few more days of relaxing in the sun on the government’s dime, I was flown down to Guantanamo Bay on a charter flight, housed, and provided an escort all for no cost, it remains to be seen whether Mr. al-Hadi ever gets his MRI and dexa scan from that same government.

National security expert, former judge James Baker to speak at Georgia Law

James_E._Baker_Photo_135_2pxWe at the University of Georgia School of Law Dean Rusk International Law Center will welcome Professor James E. Baker to campus this Thursday, September 13. He will speak on “National Security Decision-Making” from 3-4 p.m. in the Larry Walker Room, located on the 4th Floor of the law school’s Dean Rusk Hall. A reception will follow.

Professor Baker is the Director of the Syracuse University Institute for National Security & Counterterrorism. He is the former Chief Judge on the U.S. Court of Appeals for the Armed Forces.

Sponsoring his talk with the Dean Rusk International Law Center is the university’s School of Public and International Affairs. Also co-sponsoring is the International Law Society, Georgia Law’s chapter of the International Law Students Association.

Details here.

Defense lawyer in GTMO USS Cole bombing case to speak at Georgia Law

“Guantánamo, Torture and Terrorism” is the title of the lunch-hour talk that Rick Kammen, lead defense counsel in a leading U.S. Military Commission case, will present tomorrow, October 10, in Room A-120 Hirsch here at the University of Georgia School of Law.

Kammen represents Abd al-Rahim al-Nashiri (above right), a Saudi national charged with capital offenses stemming from the bombings in October 2000 bombings in a Yemeni harbor of the Navy destroyer USS Cole and the French oil tanker MV Limburg. As listed in a Miami Herald report, charges include:

“perfidy, murder in violation of the law of war, attempted murder in violation of the law of war, terrorism, conspiracy, intentionally causing serious bodily injury, attacking civilians, attacking civilian objects, and hazarding a vessel.”

Al-Nashiri was arraigned in a courtroom at the U.S. military base at Guantánamo Bay, Cuba, in 2011. Litigation since then has concerned not only the allegations against him, but also the circumstances of his detention and interrogation. According to the Miami Herald report:

“He is one of three former CIA captives the U.S. spy agency has admitted to waterboarding during his secret custody.”

Kammen (right), a U.S. Army veteran, earned his J.D. from New York University School of Law in 1971. A name partner in a criminal defense law firm in Indianapolis, Indiana, his specialties include death penalty defense.

Sponsoring the talk is the law school’s Dean Rusk International Law Center, whose Director, Kathleen A. Doty, twice has observed GTMO proceedings in United States v. al-Nashiri as a representative of the National Institute of Military Justice.

“Africa’s time”: Team members reflect on SE Model African Union summit

logoIt’s our pleasure today to publish this post, jointly written by the Georgia Law team that last week was named Best Delegation at the Southeast Model African Union, and so is eligible to compete in the 35th annual national competition in February in Washington, D.C. The 6 students on the team each won individual achievement awards at the event, which was hosted by the University of Georgia African Studies Institute and cosponsored by the law school’s Dean Rusk International Law Center. They write:

Introduction

“This is Africa’s time.”

So said the keynote speaker and Honorary Consul of Sierra Leone, Cynthia Jarrett-Thorpe, to delegates at the 20th Annual Southeast Model African Union, This was the beginning of what turned out to be an eventful competition. Over the course of the next 2-1/2 days we would be tasked with working together in various negotiations, in order to provide solutions to complex situations on behalf of the country we represented, the Republic of Niger.

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► Rebecca Wackym left, listens to statement by delegate from South Sudan

► Rebecca Wackym, 1L, Executive Council

My role as a delegate for the Republic of Niger in the Executive Council was not only as an advocate for the interests of Niger, but also a servant to the interests of the entirety of the African Union. As a member of the Executive Council, I was not required to draft or advocate for a resolution. I introduced a hypothetical crisis situation caused by Boko Haram to the committees, who then had to create resolutions to solve the crisis.

Regarding the process, I had to work with other delegates in the Executive Council to first decide on how to setup the crisis in a way that would guide them to a solution while simultaneously, allowing each committee to achieve the goals set forth in the Union’s Agenda 2063.

The Executive Council ferociously debated how we wanted to achieve these goals in the context of the Boko Haram crisis. For example, we contemplated:

  • Would we ask the Committee on Peace and Security to involve states with more resources to combat Boko Haram?
  • Would we rather rely on our own resources, even though we had far less than the Americans?

I had to advocate for a position that struck a balance between safety and sovereignty of Niger and the goals of the Agenda. We eventually negotiated an agreement to ask the committees to formulate plans in a tiered manner, which put the African Union’s sovereignty first, but allowed for support outside of the Union.

However, our work did not end with tasking the committees. We also were tasked with creating a final report, called a “communiqué.” We had discretion to adopt an entire committee’s resolution, or certain parts, or to scrap the entire resolution and draft our own. At this point, we divided into groups so that we could discuss the edits, if any, that we wanted to make to the resolution. I was asked to look over the Committee on Democracy, Governance, and Human Rights’ resolution because the other delegates believed that my whole t3 months in law school afforded me more expertise in regards to judicial reform in the African Union. Drafting the communiqué might have been one of most hectic couple of hours, but with exceptional teamwork we churned out a comprehensive report.

My takeaway from this experience is that the diplomatic system works well when all the parties decide put the interest in solving the crisis above their own individual interests. The Executive Council ran efficiently when we all saw each other as colleagues working towards a common goal rather than a competition of whose interest would be given most prominence.

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From left, team members Shummi Chowdhury, Amanda Hoefer, and Chanel Chauvet

► Amanda Hoefer, 1L, Committee on Democracy, Governance and Human Rights

I was fortunate enough to be able to participate in the 2016 Southeastern Model African Union Competition held at UGA, with the support of both the Dean Rusk International Law Center and the UGA Department of African Studies. I represented the Republic of Niger in the Committee on Democracy, Governance, and Human Rights, and helped with the drafting of four resolutions, addressing a wide spectrum of issues, including the scope and jurisdiction of the African Court on Human and Peoples’ Rights, the use of transitional justice as a means of compensating victims of human rights abuses, the reduction of corruption throughout the continent, and the African Union’s role in promoting economic growth throughout the diaspora.

The most rewarding aspect of this experience was working with undergraduate students with little experience in mock diplomacy; having participated in Model United Nations in high school, I was able to use my rusty knowledge of parliamentary procedure to help steer my fellow delegates to a rewarding and enriching resolution. Diplomacy competitions are an incredible opportunity to flex your teamwork muscles and to collaborate on creative solutions to complex problems; in a word, competitions like SEMAU are empowering. I enjoyed watching those in my committee who had never participated in a similar competition become increasingly confident in their public speaking and critical thinking skills, and loved having a chance to dig into complicated diplomatic problems myself.

I also enjoyed having the chance to learn about African culture and politics, having never had a particular opportunity to immerse myself in the topic before this competition. While preparing for the competition during the Fall semester of my 1L year was a bit stressful, my inner-diplomacy nerd jumped at the opportunity to do some research about Niger and the AU, and to delve into the complex policy problems that we were asked to face. I’m incredibly grateful to both Georgia Law’s Dean Rusk International Law Center and the University of Georgia African Studies Institute for their patronage and support in this endeavor, and look forward to competing again at the national competition in February.

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On behalf of Niger, Johann Ebongom (center) joins in discussion

► Johann Ebongom, LLM, Committee on Economic Matters

The Model African Union is known as a competition in which student delegates represent their selected countries and develop an understanding of African issues from an African perspective. Practically speaking, the Model African Union is a simulation of the African Union Summit which occurs twice a year in Africa.

At the 20th annual Southeastern Model African Union competition, I had the opportunity to participate in the Economic Matters Committee. We convened on the afternoon of November 3, to discuss on two main agenda topics:

  • Promoting a balanced and inclusive economic growth: aspirations and implementation
  • Promoting a sustainable ecosystem and climate resilient economies: aspirations and implementation

The objective was to debate and engage in diplomatic principles and standards to ultimately resolve major economic issues currently harming African countries. Some of these issues include concerns of water resources and agricultural development, management of mineral resources, debt relief, energy and development, multilateral trade negotiations, and food security. The committee created a resolution that represented the majority opinion of the different countries present. Following negotiations, we presented the resolution to Heads of State and Government during the General Assembly on the last day of the event for their final approval.

The Delegation of Niger recognized that despite a sustained agricultural productivity growth, a large number of households continue to face food insecurity and malnutrition problems due to on-site effects of soil degradation and the mismanagement of revenues from the exportation of the continent’s natural resources. At this point, it was clear that our challenge would not only be that of enhancing our agricultural production to meet the increased food demands of the expanding population, but also to focus on the judicious use of soils in order to promote a sustained productivity in the foreseeable future.

Niger promoted the implementation of a tax, on the total revenue from natural and agricultural resources exportation, which would be deposited and managed at the level of the African Union through an African Fund for Development. The funds would then be distributed back across the continent to support integration-related projects which will lead to the inclusive economic growth of the continent. Niger supported this motion using the slogan:

“Give what you own for the benefit of the continent!”

Niger also reminded the delegation about the importance of a collective solution that would benefit the 54 African countries. We also urged the honorable house to vote for a resolution that will take into account the effects of the current Boko Haram security issue, which directly affects the economy of a number of western African countries, including Nigeria, Cameroon, Chad, and Niger. Niger was leading the negotiations and after long hours, a compromise was found! The resolution was adopted by a 2/3 majority of the house.

I had the honor of being promoted by the organizers of the competition as a “Parliamentarian Dais” for the rest of the session. As such, my role was to ensure the respect of for the rules and proceedings during the working session, and advise the Chair in maintaining the parliamentary order during the debates. I also had the opportunity to fill this role during the General Assembly of Heads of State and Government on November 5, 2016.

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► Nelly Ndounteng, right, seeks to intervene on behalf of Niger

► Nelly Ndounteng, LLM, Committee on Social Matters

The 20th Southeast Model African Union (SEMAU) competition was a noble experience for me. I am delighted to have represented the law school as the Republic of Niger in this conference. As the representative for the Committee on Social Matters, I was tasked with the responsibility of providing a solution to:

  • Empowering the African Woman and Eliminating All Forms of Violence and Discrimination (Social Economic, Political) Against Women and Girls.
  • Eliminating Youth Unemployment and Promoting the Creativity, Energy and Innovation of African Youth as the Driving Force Behind the Continent’s Transformation.

I was especially excited to work on the sub-topic that dealt with African women because it required the committee to resolve matters concerning hardship, inequality and degradation suffered as a result of male counterparts.
It was my first experience using parliamentary procedure, and I must say I enjoyed every bit of it. During the first session, I decided to observe the proceedings in order to see how procedure was carried out. Once I was comfortable, I began participating, and later, took the lead, which made the whole experience more exciting for me.

My sincere appreciation goes to the founder of SEMAU, the organizers and most importantly, the Dean Rusk International Law Center for allowing me this great opportunity to promote Africa’s development.

► Shummi Chowdhury, 1L, Committee on Pan-Africanism and Continental Unity

The Southeast Model African Union Competition (SEMAU) proved to be an eventful and rich learning experience to kick off my 1L career. I participated on the Pan-Africanism Committee as the delegate for the Republic of Niger. One of the important tasks we faced on the first two days of the competition was to read and scrutinize the resolutions from all the countries represented, and then engage in debate over the merits and drafting of the resolutions. Having been exposed to the concise and effective style of legal writing, I took an active role in drafting the two main consolidated resolutions that passed through our committee. This competition helped me reflect on my newly acquired skills and for the first time appreciate that all the work spent on my courses thus far actually have substantial application outside the classroom.

nigerThe part I enjoyed most during the competition however was in the negotiations that occurred. Everyone had a resolution, or an idea that they wished to promote. For me, I focused on human trafficking as it affects Niger, particularly in light of the Boko Haram crisis. In order to get my ideas drafted into a resolution, I had to work the room and speak to different delegates to find common ground and similar interests. I thoroughly enjoyed the process of negotiating and coming together with distinct parties to draft a resolution that satisfactorily acknowledged differing goals in a coherent manner.

Though the competition occurred in November, which is a very busy time for 1L students, I have no regrets and am thankful to have had the opportunity to participate. It really forced me to manage my time, so that I could focus on the competition and also stay on top of all the schoolwork and studying that is required to be successful in law school.

► Chanel Chauvet, 2L, Committee on Peace and Security

As the delegate for the Republic of Niger in the Committee on Peace and Security, I was engaged in the intricate task of educating and debating my fellow delegates about the impact of Boko Haram and al-Qaeda within my state. According to the United Nations, more than 20,000 people have been killed, and 2.2 million people have been internally displaced as a result of the Boko Haram and al-Qaeda.

My primary focus however, involved the potential remedies that the African Union could provide through the use of education. One of the solutions that Niger emphasized in accordance to the “Achieving Freedom From Armed Conflict, Terrorism, Extremism and Intolerance by 2063: Aspirations and ecowasImplementation” topic was the implementation of international humanitarian law (IHL) within school and military curriculums. The International Committee of the Red Cross (ICRC) and Economic Community of West African States (ECOWAS) have considered how treaties related to IHL can be strengthened through the legal system, as detailed here; however, the organizations have yet to explore these other avenues of implementation. Educating the youth about the legal protections and obligations of parties involved and affected by conflict would ultimately serve to generate respect for treaties that promote IHL and prevent conflict.

Perhaps, what was the most difficult part about the committee process for me was the need to use of parliamentary procedure in order to communicate my points effectively to the other delegates. This required extensive knowledge of the rules and procedure, in order to redirect the committee to certain point favorable to my country. Fortunately, our team had laboriously practiced parliamentary procedure in the weeks leading up to the competition, so we were well-prepared.

Conclusion

Overall, we are grateful for this experience, and pleased with our team performance. We managed to earn the “Best Delegation” award, in addition to numerous individual awards.

We would like to express our sincere gratitude to the Dean Rusk International Law Center at the University of Georgia School of Law and our faculty advisor for extending this opportunity to us. We would also like to thank the African Studies Institute at UGA and its Director for his assistance.

Antiquities trafficking said to fuel transnational mayhem by Daesh et al.

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Alumna Tess Davis, 2d from left, met with Georgia Law 1Ls after her lecture; from left, Hannah Williams, Ava Goble & Karen Hays. Hannah will work on cultural heritage issues this summer through a Global Externship Overseas (GEO) at the Cambodia Ministry of Culture & Fine Arts, Department of Intangible Cultural Heritage.

“As long as there have been tombs, there have been tomb raiders.”

So began the terrific talk on trafficking that Tess Davis, Executive Director of the D.C.-based Antiquities Coalition, delivered to a rapt University of Georgia audience this week.

Having conceded the point quoted at top, Davis stressed that today the problem is much different and much greater. On the list of lucrative transnational organized crime, she asserted, antiquities trafficking places 3d, right behind arms trafficking and drug trafficking.

The threat is not simply one of criminal behavior, she continued. Rather, Davis stressed that profits from antiquities trafficking – profits believed to be in the millions of dollars – provide revenue vital for the nonstate actor waging armed conflict in Syria and Iraq. That entity calls itself “Islamic State” and is often labeled “ISIS” or “ISIL” in the media; taking a lead from diplomats in France and, recently, the United States, Davis preferred “Daesh,” the group’s Arabic acronym, for the simple reason that “they hate to be called that.”

Initially trained as an archeologist, Davis began to focus on legal means to combat antiquities trafficking while still a student at Georgia Law. Since earning her J.D. in 2009, she’s been a leader at the Lawyers’ Committee for Cultural Heritage and in the American Society of International Law Cultural Heritage & the Arts Interest Group, a researcher at Scotland’s University of Glasgow, a member of Georgia Law’s Dean Rusk International Law Center Council, and, as the photo above demonstrates, a mentor to Georgia Law students and other young lawyers interested in working in the field. Her efforts to help repatriate antiquities stolen from Cambodia earned multiple mentions in The New York Times.

Her talk drew links between the looting of cultural heritage during and after the 1970s Khmer Rouge reign of terror and current looting in the Middle East today. In both instances, she said, “cultural cleansing” – in the contemporary case, the destruction and thievery of monuments sacred to moderate Muslims and others – precedes and parallels efforts to erase and subjugate the humans who venerate those monuments. It’s a state of affairs documented in her Coalition’s new report, “Culture Under Threat.”

“The world failed Cambodia,”

Davis said, then expressed optimism at growing political will to do something about the Middle East. She advocated enactment of S. 1887, the Protect and Preserve International Cultural Property Act now working its way through Congress. The legislation, whose cosponsors include a Georgia U.S. Senator, David Perdue, is urgent: Davis estimated that U.S. buyers represent 43% of the current demand for looted Syrian antiquities.

Today in Brussels, from an alum & member of our Dean Rusk Council

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David Hull, a member of our Dean Rusk International Law Council, today published his thoughts about this morning‘s terrorist attacks in the city with which he 1st became acquainted as a Georgia Law summer study abroad student in the early 1980s: Brussels, Belgium.

A partner and specialist in European Union law at the firm of Van Bael & Bellis, David wrote in the Atlanta legal paper, Daily Report, that he tends to be “sanguine” about bad news, but added that these attacks hit very “close to home,” even in “their sheer randomness.”

He expressed concern about “a tendency to conflate the refugee crisis with the terrorist threat,” and “hope that a settlement can be reached in Syria in the near future and a more stable situation achieved in the Middle East generally.” Both, he concluded, require “leaders with courage and vision to find workable and lasting solutions to unprecedented challenges.”

Our thoughts are with David, his family, and the many other members of the Georgia Law community in and around Belgium, a country with which we’ve partnered since the early 1970s.