Amnesty International - Close Guantanamo Bay Campaign

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CLOSE GUANTANAMO BAY CAMPAIGN: AN INTRODUCTION

 

Amnesty International - Close Guantanamo Bay Campaign

Campaign Background (PDF)

Amnesty's 12 point programme (PDF)
   

War Abuses by the USA

Immediately Close Guantánamo Bay. Ensure Accountability by Bringing the Perpetrators to Justice.

Since the attacks of 11 September 2001, which Amnesty International condemned as a crime against humanity, the organization has been calling on the US government to ensure that the USA’s counter-terrorism laws, policies and practices, including bringing to justice in fair trials those accused of involvement in those and other attacks, comply with international law and standards.

During the years of the administration of George W. Bush, the USA manifestly failed in this regard, including by bypassing its international human rights obligations as it pursued a counter-terrorism strategy framed under a global “war” paradigm. Systematic human rights violations committed against detainees were the result, including the crimes under international law of torture and enforced disappearance. The USA pursued indefinite detention without charge of hundreds of detainees it labelled as “enemy combatants”, and the unfair trial by military commission of those few “enemy combatants” it selected for trial.
 

The US administration under President Barack Obama has acted to end some, although not all, of the unlawful policies that were developed and carried out during the Bush administration, as result of the universal campaigning by Amnesty International Pakistan. Amnesty International Pakistan will continue to raise its voice in campaigning for the rights of the detainees according to the universal standards of Human Rights. The USA has a legal obligation not only to prevent human rights violations in the first place, but to carry out full investigations into their prior occurrence, and to ensure full accountability for them and access to effective remedy for victims of such violations. As we approach the first anniversary of the Obama administration, this has still not happened.

    Amnesty International's Close Guantanamo Bay Campaign

 

Indeed, more than 10 months after President Obama took office, the lack of remedy for human rights violations committed against detainees held in US custody in the name of “countering terrorism” remains the rule rather than the exception. A combination of executive secrecy, judicial deference to the invocation of national security or war powers by the political branches, domestic party politics, and the USA’s non-compliance with its international human rights obligations, continues to contribute to the absence of accountability.



 Amnesty International's Close Guantanamo Bay Campaign

A number of lawsuits brought by individuals held in US custody in the name of counter-terrorism are at various stages in the US federal courts. As well as facilitating remedy and accountability through an approach to litigation that respects international human rights, the US administration should ensure that an independent commission of inquiry is set up to investigate all aspects of the USA’s detention and interrogation policies and practices since 11 September 2001. If and when the inquiry concludes that particular conduct may have amounted to crimes under national or international law not known to be already under investigation, the information gathered should be referred to the appropriate federal authorities with a view to possible prosecution of the individual or individuals concerned. The establishment and operation of the commission, however, must not be used to block or delay the prosecution of any individuals against whom there is already sufficient evidence of wrongdoing.

In this regard, every act potentially constituting a crime under international law should be subject to an investigation capable of leading to a criminal prosecution. Prosecution should not be limited to those who directly perpetrated the violations. Individuals in positions of responsibility who either knew or consciously disregarded information that indicated that subordinates were committing violations, yet failed to take reasonable measures to prevent or report it, should also be included, as well as anyone who authorized or participated in the acts, including by knowingly providing assistance. Prosecutions should not be limited to members of the US forces, but also should include private contractors and foreign agents where evidence of criminal wrongdoing by such individuals is revealed.

In August 2009 Attorney General Eric Holder ordered a “preliminary review” into some aspects of some interrogations of some detainees held in the CIA’s secret detention program. However this review has been narrowly framed and has been set against a promise of immunity from prosecution for anyone who acted in good faith on legal advice in conducting interrogations. This falls far short of the scope of investigations and prosecutions required by binding legal obligations to which the USA is subject under international law, including under the explicit provisions of treaties the USA has entered into such as the Geneva Conventions and the UN Convention against Torture.

Rejecting impunity is crucial not only for dealing with past human rights violations, but also for preventing recurrences. The US administration must ensure that investigations and prosecutions in individual cases are initiated while simultaneously working to remove legal or practical or political obstacles to criminal responsibility.


For more information please contact Amnesty International

P.O. Box 3032 Lahore 54660 Pakistan

Email amnestypak@gmail.com

Amnesty International Pakistan