In November 2001, President George Bush issued an order authorizing the creation of military commissions to try non-citizens accused of international terrorism, being members of Al Qaeda or of harboring terrorists. One month later, the New York City Bar Association’s Committee on Military Affairs and Justice issued an extensive report addressing the shortcomings of military commissions. Eight years of court challenges and modifications of the military order resulted in the Military Commissions Act of 2009, which governs the current proceedings in Guantánamo. Since that act, the city bar has closely monitored the Guantánamo proceedings, highlighting potential violations of U.S. and international law, urging use of civilian courts, and recommending the closing of Guantánamo.
In response to concerns about the lack of transparency of the commission proceedings, the government established an observer program for NGOs. The city bar has been granted observer status and has regularly sent representatives. We recently traveled to Guantánamo as observers from the Military Affairs and Justice Committee in successive weeks in February 2016.
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