Torture and the Right to Fair Trial in the 9/11 Military Commissions

Abstract

This article seeks to shine a light on the military commission cases taking place in Guantánamo. It aims to fill a gap in the legal literature about the interrelated nature of the prohibition against torture and the right to fair trial. It argues that the US government’s failure to directly address the issue of torture of the five 9/11 defendants directly undermines the capacity of the military commission to deliver justice in concert with accepted interpretations of the right to a fair trial because the breach of the prohibition against torture has not been vindicated.

Keywords: Torture, Fair Trial, Guantánamo, Military Commissions, 9/11, Terrorism