I H R P
Presents:
Military Commissions in Guantanamo: Rejection of International Law, or Reinterpretation?
Andrea Prasow, Senior Counsel
Terrorism and Counterterrorism Program
Human Rights Watch (Washington)
September 29, 2010
12:30-2pm
University of Toronto Faculty of Law
Falconer Hall, 84 Queen’s Park
Solarium
A light lunch will be served on a first come first served basis.
On November 13, 2001, then-US President George W. Bush issued a military order authorizing the use of military commissions for individuals accused of being part of al Qaeda, the Taliban, or associated forces and engaged in hostilities against the United States and/or coalition forces. Although the prison in Guantanamo Bay first opened in January 2002, it was not until 2004 that detainees were designated for trial in military commissions. With input from the executive branch, the Supreme Court and the US Congress, the military commission proceedings that are currently being held in Guantanamo have gone through several iterations. Over time, the US government has made various arguments about the applicability of international law to the military commissions. While asserting that the military commissions are consistent with international law, several aspects of the military commissions are inconsistent with international fair trial standards, particularly with respect to juvenile justice. Additionally, the military commissions purport to have jurisdiction over crimes not previously understood to be war crimes, such as material support for terrorism and murder in violation of the law of war.
Andrea Prasow, senior counsel in Human Rights Watch's Terrorism and Counterterrorism Program, investigates and analyzes U.S. counterterrorism policies and practices. She also leads advocacy efforts urging executive and legislative branch officials in Washington to implement counterterrorism policies that respect internationally recognized rights. Prior to joining Human Rights Watch, Andrea was a defense attorney with the Office of Military Commissions. She served as assistant counsel for Salim Hamdan in the only contested military commission trial to date. Andrea was previously an associate at Paul, Weiss, Rifkind, Wharton & Garrison LLP in New York, where, in addition to representing large corporations in complex civil litigation she served as habeas counsel for ten Saudi detainees at Guantanamo. Her work on behalf of Guantanamo detainees has taken her to Bahrain, Yemen and Afghanistan. Andrea holds an Hon. B.A. from the University of Toronto in political science and a J.D. from Georgetown University Law Center.
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