Reporting from Andrews Air Force Base
I am a recent graduate of the Indiana University McKinney School of Law (IU McKinney) representing the IU McKinney Military Commission Observation Project (MCOP). This morning I am traveling to Guantanamo Bay, Cuba to monitor U.S. military commissions against an alleged high-level member of al Qaeda who is charged with several war crimes.
The MCOP, which was founded by Professor George E. Edwards, routinely sends IU McKinney students, faculty, staff, and graduates to Guantanamo to serve as non-governmental organization (NGO) Observers, through a Pentagon initiative in line with the U.S. government’s stated objective of transparency in the war crimes proceedings occurring at Guantanamo. Indiana’s NGO Observers travel to Guantanamo with a mission to attend, observe, be observed, analyze, critique, and report on the commissions. I write to you now from Andrews Air Force Base while waiting to board my military flight to Guantanamo in furtherance of this mission.
I am joined at Andrews by three other NGO Observers representing different organizations. This is a relatively small group of Observers, as Guantanamo NGO Observer groups can sometimes consist of ten or more individuals. While we wait, we are studying two manuals, prepared by Professor Edwards, related to our mission:
(a) Guantanamo Bay Fair Trial Manual – Excerpts (which describes the U.S. Military Commissions, what a fair trial should look like at Guantanamo, the applicable law, and other related materials); and
(b) Know Before You Go To Guantanamo Bay (which describes a pragmatic approach to NGO Observation, the Roles and Responsibilities of NGO Observers, the Dos and Don’ts at Guantanamo, the beaches, the restaurants, the theaters, and various other amenities available at Guantanamo when court is not in session).
Beyond this, we have been introduced to two escorts who are to serve as our primary liaisons and guides during our stay at Guantanamo. Our escorts have identified various rules to be followed while at Guantanamo (including photography limitations, security badge requirements, and the need to inform each other of our activities and whereabouts during our stay). They also explained that serving as an NGO Observer at Guantanamo would be an exercise of flexibility and patience, as rules and schedules are often subject to change (see “Reduced Hearing Schedule” heading below).
Nashwan al Tamir / Abd Hadi al Iraqi
I will be observing the case against Nashwan al-Tamir (what he declares to be his true name), or Abd al Hadi al Iraqi (the name the prosecution used in the charges; hereinafter “Nashwan / Hadi”). Nashwan / Hadi is an alleged senior member of al-Qaeda, and is accused of commanding indiscriminate attacks against U.S. and coalition personnel in Afghanistan and Pakistan in collaboration the Taliban, among other charges. Nashwan / Hadi was captured in Turkey in late 2006 and was soon turned over to U.S. intelligence. He subsequently spent 170 days in secret CIA custody before being transferred to Guantanamo in 2007, where he has been the subject of proceedings since 2014. He is described as a “high-value detainee” by U.S. officials, and was proclaimed by the Bush administration to be among Osama bin Laden’s “most experienced paramilitary leaders”.
Reduced Hearing Schedule
In the days preceding my scheduled flight to Guantanamo, I received an email from the Office of Military Commissions (OMC) Convening Authority informing me that the hearings for this coming week in the Nashwan / Hadi case had been reduced from a full week of hearings (24 – 28 September 2018) to a single hearing day (24 September 2018). I was not entirely surprised by this news. Guantanamo hearing schedules tend to change with little notice, perhaps especially in the case against Tamir / Hadi, given the reported fragile state of his health. Indeed, during my past nomination, the hearings I was scheduled to observe were cancelled altogether.
The OMC initially suggested that because of the reduced hearing days, we would return from Guantanamo earlier than scheduled. However, at Andrews our escorts informed us that we would remain at Guantanamo for the entire week – Sunday through Saturday – even though we would have hearings only on Monday morning. Our escorts also told us that they are organizing non-court activities at Guantanamo, with more information to soon follow.
I am excited for the hearing, and to see how the rest of the week unfolds.
Please stay tuned for future updates; I plan to continue blogging throughout my stay at Guantanamo.
Jacob Irven, J.D. 2018
Military Commission Observation Project
Program in International Human Rights Law
Indiana University McKinney School of Law
Voter Protection Legal Fellow
Indiana Democratic Party