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Defense Lawyers at Guantánamo. The Difficulties and Ethical Dilemmas Facing Defense Lawyers Representing Detainees at Guantánamo

Pahlmblad, Malin LU (2009) STVM01 20091
Department of Political Science
Abstract
The Bush administration expanded the executive’s powers in the “war on terror”. This gave the president, according to the administration, authority to detain “en-emy combatants” indefinitely at the US naval base in Guantánamo. The official purpose of the detention centre at Guantánamo was that the suspected terrorists were to be tried in military commissions. The administration bypassed the criminal legal system and the military courts under the Uniform Code of Military Justice and instead created a new legal system. This system allowed, among other things, the use of secret and hearsay evidence and evidence obtained through coercion. A number of scholars have contended that there has been a politicization of justice in the cases... (More)
The Bush administration expanded the executive’s powers in the “war on terror”. This gave the president, according to the administration, authority to detain “en-emy combatants” indefinitely at the US naval base in Guantánamo. The official purpose of the detention centre at Guantánamo was that the suspected terrorists were to be tried in military commissions. The administration bypassed the criminal legal system and the military courts under the Uniform Code of Military Justice and instead created a new legal system. This system allowed, among other things, the use of secret and hearsay evidence and evidence obtained through coercion. A number of scholars have contended that there has been a politicization of justice in the cases concerning the detainees at Guantánamo and the independ-ence of the legal system there has been questioned.
Not until more than two years after the opening of Guantánamo were defense lawyers allowed at the base. Because of the nature of the legal system at Guantánamo, there were rules imposed on the defense lawyers that in many ways constituted challenges for them. This thesis examines those challenges and thereby sheds light on the Bush administration’s policies at Guantánamo. (Less)
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author
Pahlmblad, Malin LU
supervisor
organization
course
STVM01 20091
year
type
H1 - Master's Degree (One Year)
subject
keywords
political trials, war on terror, military commissions, defense lawyers, Guantánamo
language
English
additional info
Acknowledgements

My interviews with Mr Margulies and Mr Wilson provided me with, not just in depth knowledge on the situation for the defense lawyers, but also with many helpful and interesting insights on the Bush administration’s policies that have helped me understand the situation at Guantánamo as a whole, and the implica-tions it has had on both detainees and lawyers. I am most grateful for the time they took to talk to me.
I would also like to thank my tutor, Catarina Kinnvall for guidance and advice and everyone else who has read, commented and made suggestions on the paper.
id
1361723
date added to LUP
2009-04-17 09:04:49
date last changed
2009-04-17 09:04:49
@misc{1361723,
  abstract     = {The Bush administration expanded the executive’s powers in the “war on terror”. This gave the president, according to the administration, authority to detain “en-emy combatants” indefinitely at the US naval base in Guantánamo. The official purpose of the detention centre at Guantánamo was that the suspected terrorists were to be tried in military commissions. The administration bypassed the criminal legal system and the military courts under the Uniform Code of Military Justice and instead created a new legal system. This system allowed, among other things, the use of secret and hearsay evidence and evidence obtained through coercion. A number of scholars have contended that there has been a politicization of justice in the cases concerning the detainees at Guantánamo and the independ-ence of the legal system there has been questioned.
Not until more than two years after the opening of Guantánamo were defense lawyers allowed at the base. Because of the nature of the legal system at Guantánamo, there were rules imposed on the defense lawyers that in many ways constituted challenges for them. This thesis examines those challenges and thereby sheds light on the Bush administration’s policies at Guantánamo.},
  author       = {Pahlmblad, Malin},
  keyword      = {political trials,war on terror,military commissions,defense lawyers,Guantánamo},
  language     = {eng},
  note         = {Student Paper},
  title        = {Defense Lawyers at Guantánamo. The Difficulties and Ethical Dilemmas Facing Defense Lawyers Representing Detainees at Guantánamo},
  year         = {2009},
}