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I traveled to Guantanamo Bay, Cuba to monitor pre-trial hearings in the U. This New York Times article discusses the al-Nashiri case, including its victims, the prosecution and defense, and the Judge. In this blog post, I talk about my arrival at Guantanamo, and my pre-arrival and post-arrival impressions of Guantanamo it is not like I expected! This post ends with my retiring to sleep in a frigid tent, anticipating Sunday morning breakfast at a Guantanamo military mess hall. After an uneventful flight — on a comfortable charter plane where I watched episodes of The Office on the in-flight entertainment station — we deplaned on the extremely windy tarmac and queued outside a nondescript hangar-like building. Once inside, we showed our passports and U. They did not appear to be military, although three men in military uniforms were standing just inside the next door leading to the air terminal waiting area. I recall being slightly intimidated by their presence, not because they were acting threatening or holding large guns or doing anything out of the ordinary, but because I am not used to seeing members of the military anywhere except on television. That feeling of unease quickly wore off — members of the military are obviously all over the base at Guantanamo Bay, in uniform and not, and they are just regular people like the rest of us, going about their days, doing their jobs. From the counter where they were checking documents, we were directed straight through the terminal waiting room, then back outside into the wind to two more busses waiting to pick us up. Our escort told us that our checked luggage would be following the busses, which were taking us to the ferry across Guantanamo Bay. We asked if it was always that windy and were told that it is around that area near the air terminal. The Guantanamo Naval Station is on land around the body of water that is Guantanamo Bay, and the traditional way from the airstrip to the main part of the base is via ferry ride directly across the Bay. Once we arrived at the ferry dock on the Leeward Side, we all shuffled onto the ferry, with Tom, Yumna, our escort and I heading to the top deck. Throughout the trip, they basically reminded us not to take pictures of any infrastructure with antennas, fences, or construction sites, which is a very large percentage of the viewable landscape of the Naval Station. What pictures we did get, although pretty, fail to capture how beautiful the Bay is with its crystal blue water, fossil covered cliffs, and desert style shrub grasses, cacti, and trees. It was not at all what I imagined tropical island. It was closer to the landscape of Arizona or Southern California. The ferry ride was our first introduction to the beauty of Guantanamo Bay. Upon docking at the other side of the Bay after an approximately twenty-minute ride, we boarded other buses that took us to a small building where we could get the ID badges we would need to enter the Expeditionary Legal Complex ELC , which is where the Military Commissions are held. We waited outside that building while the group in front of us finished up, then Tom, Yumna and I headed inside. This small building was our first exposure to the extreme air conditioning used in many buildings and tents at Guantanamo Bay; they keep it cold inside. After showing our passports, the guards made our badges and handed them to us on lanyards. They told us not to photograph the badges, which we must return before we leave back for Washington, DC. Then at about PM, we finally headed to the tents that were scheduled to be our homes for the next week. Tom and I share a tent that has four cubicle rooms separated by wooden dividers, with a hallway in the middle and two rooms on each side of the hallway. Each room has a doorway with a thick curtain for privacy. Each tent has a dedicated air conditioning unit to keep it cold — purportedly to prevent bugs and critters for example banana rats and iguanas from entering. The tents have windows that we are planning to keep closed to keep in the cold air. The canvas is made of a thick material that blocks out sunlight. A switch on the electrical box just inside the front door of the tent controls the lantern lights strung up throughout the tent; one switch controls all the lights. Alternatively, you can turn out the lights and work by flashlight in the tent. Each of the 4 rooms in each tent has a twin size bed, a dresser, small table, and outlets at the end of an extension cord connected to the lights. The outlets still work even if the lights are out, so there is no issue charging phones and laptops overnight. The extension cord has three, 3- pronged outlets. A plastic bag in each room contained sheets for the bed and a blanket and pillowcases. Our tent did not have pillows, so Tom went to another tent and secured pillows for each of us. Yumna was assigned to an identical tent next to ours. Across the road from the tents are three shipping containers: one contains a laundry room that is nicer than any laundromat I have ever been in; the middle container has six separate doors on the outside, each leading to a stall bathroom with toilet, urinal, and sink with mirror; the third also contains six separate doors leading to individual stalls each containing a shower, sink with mirror, and small bench. At Spinz, I got a vegetarian wrap and a bottle of water. The tap water on base is not potable. At that point in the evening, around PM, my mind was fried, and I was exhausted. A sense of unreality pervaded my mind, like I was finding myself in an episode of the Twilight Zone. We did hear about the Cuban Community Center that is near the Northeast Gate, and although we requested to visit several times throughout the week, we were not able to due to scheduling conflicts. I had expected the existence of the prisoners and prison to be the center of focus and attention of everyone on base, but they are not even close to the center of attention. Guantanamo looks like a typical small town or suburb in Indiana, with the exception that there are people in uniform here, with nondescript featureless buildings, and military vehicles all around. That feeling would grow over my next few days. After dinner, our escort gave us a tour around some of her favorite spots around the Base. We went to the Marina and Girl Scout Beach and got some beautiful pictures of the water and geography. We were told that we could not take pictures of Camp X-Ray, although some pictures exist on the internet. The link to the pictures also has a brief history of Camp X-Ray. It was important to me personally to see Camp X-Ray. I had read about it. I had heard about it. Seeing it exist in person is a different experience. I cynically wondered about the existence of black sites at Guantanamo Bay that may be kept hidden in the hills. Nashiri was held and tortured. I would later speak to a police officer and member of the military at Guantanamo Bay but not Military Police. This individual was 20 years old. He was born after the events of September 11, He told us that when he learned of his assignment to Guantanamo Bay, he wondered why that location sounded familiar. He is part of a generation of people who grew up without hearing Guantanamo Bay mentioned frequently on the network news. We got back to our tents at around PM, with a plan to be picked up by our escort the next morning, Sunday the 23 rd , at for breakfast. I talked with Tom about his experiences as a Family Court judge in Ohio, his PhD in Judicial Studies, his dissertation, and his expectations for the upcoming week of court hearings. We then retired to our separate rooms, and I went to sleep at approximately PM. The next morning, I showered at approximately AM. I let the water in the shower run until the rust was cleared from the pipes and the water ran clear. Shower shoes or flipflops are highly suggested in the showers, but they are generally clean facilities. There are a variety of options at The Galley for both vegetarians and meat eaters alike; I opted for garlic rice, hash browns, fresh cantaloupe and pineapple, waffles, and coffee. There is also a variety of cereals and pastries. By the way, at the Gally you must pay in cash. They do not take cards. Windmill Hill, colloquially so-called due to the four windmills perched across the crest, has the only view of the current detention facility that we would be able to see on this trip. It is miles away from the rest of the base, secluded, and mostly surrounded by hills and water. Looking in the other direction from the crest of the hill is a view of the rest of Base. We were told that we could not take pictures from the top of Windmill Hill. Now the lighthouse stands as a monument to a bygone era of seafaring and serves as a popular photography spot on Guantanamo Bay. The museum itself is stuffed full of pictures, maps, typed information, and artifacts outlining the history of the US presence in Cuba and specifically at Guantanamo. We probably spent more than an hour wandering the little museum. At PM, Yumna and I drove with the escort to the library in town. We retired to the tents for the night at approximately PM, with an agreement to meet at AM the next morning, Monday, to get breakfast at The Galley and be at the Expeditionary Legal Complex by AM to get checked in for our first day of Court Hearings. Military Commission hearings in the case against Mr. My last blog post described my travel from Indiana to the Washington, DC area yesterday, and arriving at the hotel last night across the street from Joint Base Andrews, where the flight departs for Guantanamo. This blog picks up at Joint Base Andrews and describes the flight to Guantanamo. My next post discusses my arrival at Naval Station Guantanamo Bay and my first night there. This is her first time to Guantanamo Bay and mine as well. I will talk more about escorts in future blogs. When our escort arrived, we learned that a third observer was driving himself on to base and would meet us at the Andrews airfield, and a fourth scheduled observer had cancelled their trip and would not be joining us. We showed ID, and we carried on to the air terminal. We met Tom, the third observer, in the parking lot at the air terminal and we all walked into a smallish nondescript building that turned out to be the air terminal. Most buildings that I saw on base at Andrews and at Naval Station Guantanamo Bay were rectangular, covered in beige or grey toned siding of possibly corrugated steel, and did not have features that would help distinguish one building from the next except for the presence of small signs labeling certain buildings. Immediately upon entering and turning a corner we were stopped by a simple security checkpoint with a conveyor belt and x-ray machine for our luggage, and a walk-through metal detector. We were all checked in by approximately AM and were shown to a small room off of the main room. The smaller room — which appeared to be like a private airport lounge — had couches and chairs, a television and DVD collection. Each of the three of us represents a different, specific NGO. As we the NGOs waited for our plane, we learned that Victims and Family Members VFMs would be traveling down to Guantanamo with us, along with Military Judge Lanny Acosta, the Prosecution team, the Defense team, media members from the New York Times , Serial Podcast , and LawDragon , and linguists — interpreters and translators, intelligence officials, security officials, court reporters, and others. The three NGOs were requested to move from the small lounge to the larger main waiting area to give, we were told by air terminal personnel, the VFMs some privacy and comfort in that room. VFMs are individuals that the Office of Military Commissions have identified as victims of the crimes that are charged, or family members of victims of the crimes that are charged. I was told that the group of VFMs traveling on this trip include both groups: individuals who were on the U. Cole when it was bombed and were injured Victims ; and family of people who were on the U. Cole when it was bombed and were injured or killed Family Members. While waiting by the windows in the main waiting room, the NGO escort handed each of the 3 NGOs a small briefing packet that provide a brief rundown of what is and is not allowed, mostly regarding photographs, upon approach to, landing in, and exploring around Naval Station Guantanamo Bay. We could see the plane outside the terminal window on the tarmac, but one of the escorts and military personnel at the air terminal instructed us not to take photographs. At about AM, a motorcade of police vehicles and black SUVs pulled up around Air Force 2, and I caught a brief glimpse of the Vice President walking up the stairs of Air Force 2, turning and waving toward the terminal, and boarding the plane. Tom, as well as other travelers standing around the windows in the terminal, told us that, in the past, travelers were allowed to stand outside and take pictures of Air Force 2 and wave to the Vice President and the President boarding Air Force One. But not on this day. This is one example of how policies may change from one trip to the next. Tom and Yumna and I passed the time by people watching, with Tom identifying members of the Prosecution and Defense that he recognized from previous trips, as well as Dr. Sondra Crosby, whom Tom suggested may be testifying this coming week as a witness for the defense. We each took turns telling him about our different programs and roles, and our personal interests in watching the proceedings of the Commission. We were taken aback that a person of such high rank and essential role in the proceedings at OMC Guantanamo Bay would introduce himself so casually, take an interest in our roles as NGOs, and literally sit on the floor and chat with us about the Commission and his role. But that is exactly what he did. Army Trial Defense Service. Brigadier General Thompson came off as sincere and sympathetic to the experience of the prisoners that had been transferred through black sites and held at Guantanamo Bay. Brigadier General Thompson mentioned several books that he read in preparation for his assignment to Guantanamo Bay. Here are two that I recall him mentioning:. Brigadier General Thompson was approachable and kind to the three of us, and genuinely listened when we talked about our interests in human rights at Guantanamo Bay. Before I went on this mission, I had developed the impression that prisoners held at Guantanamo could not receive a fair trial, because, for example, the U. I did not think it was fair, or legal, to use information derived from torture in criminal cases against defendants. However, I came away from that brief conversation with Brig. Thompson impressed by him as a person, and with an inkling of a notion that maybe Guantanamo prisoners are involved in a more balanced process than I had anticipated. I was determined to keep an open mind moving forward. At approximately AM, military personnel called the room to attention and began directing everyone to line up at the door of the terminal that leads to the tarmac where Air Force 2 had just left with their boarding passes in hand. We were instructed not to photograph the boarding pass, which was a blue and red laminated card about the length of a standard bookmark, with information on our flight and destination handwritten in marker on fillable spaces on the front. NGOs and Media were instructed to file on to the plane first, as we were assigned the last five rows. The plane had enough room for each passenger to have a row two seats on the window sides of the plane, three seats in the middle row to themselves. Each seat had a TV screen in the back of the seat in front, where during the flight one could choose to watch from a selection of movies or TV shows. About an hour into the flight, the flight attendants served beverages and a meal. I asked for a vegetarian meal, which turned out to be tortellini, broccoli, a bread roll, and a cookie. I was starving by that time, having only had an apple and a cereal bar for breakfast at AM that morning, so I ate all the food I was served on the plane. The flight was staffed by a civilian crew that went through the same safety protocol routine that you would receive on any airline flying in the United States. The total flight time was 3 hours, and we landed at Guantanamo Bay right on schedule at approximately PM. Read more about the MCOP here. The Checklist requires filling out paperwork on time, communicating with the Directors in a timely manner, responding to emails, informing the Indiana University Office of International Affairs of our travel plans, getting health insurance for foreign travel, immediately informing the Directors of any correspondence coming from the Pentagon, and many other requirements. We post about the selection and nomination process, preparing for travel to Guantanamo Bay, experiences during the hearings, and impressions after returning to the United States. Professor Edwards asked me to share my initial draft blog post with his edits and comments with the August travelers via email so that they could have an idea of what an informative first post could look like. After the meeting, I sent the blog post with the edits to the other travelers. The next day, 1 st July, I posted to the blog for the first time. That same day, Professor Edwards approved the prospective itinerary, and I purchased the flight, round trip. I inquired to Professors Edwards and Dunlap regarding a potential scholarship to help cover the costs of flights and travel to and from Washington, DC, as that expense had in the past been the responsibility of the individual observers. Having confirmed my flight itinerary to Washington, DC and back to Indianapolis, I uploaded a PDF screen shot of the itinerary including times, airline American Airlines in my case , and flight numbers to the iAbroad system. By that time, I had already completed an initial set of forms that I had submitted through iAbroad, which were sent to me in the days immediately following the day I informed the Office of International Affairs that I would be participating in the MCOP at Guantanamo Bay. After the first set of forms is complete, iAbroad sends a second set of forms. The flight itinerary was the last requirement in the second set of documents iAbroad requires. However, I waited to submit that last section of the documents because I did not yet have confirmation of the flights from Joint Base Andrews to Guantanamo Bay and back. I did not want to submit the section with incomplete information, but when I checked iAbroad the following week 11 July , my forms were all submitted and the itinerary section was no longer available to edit. Stephanie Leslie from the Office of International Affairs. She confirmed that my Washington, DC flight information had been properly uploaded and asked me to email her the information that I currently had about the Guantanamo Bay flights. I emailed her the flight estimates that were included in the first email from the Pentagon back in May and told her that I would keep her updated with future information as it comes my way. Leslie said that would be fine. She asked if I was ready and prepared with everything else, and I told her that I was except for the requirement to have a PCR covid test within 72 hours of arrival at Joint Base Andrews. She suggested I ask the University if they were still conducting covid tests. More on trying to get a PCR Covid test below. Madison Sanneman, who works for the Law School and recently traveled to Guantanamo read her blog posts here. I have had an email correspondence going with Madison since early June; she has been an amazingly helpful resource in my preparations for Guantanamo. I met with her that Wednesday to go over some last-minute questions I had about the facilities at Guantanamo, proper clothes to bring, anything I may be overlooking, what to pack, what the court proceedings were like, what the food was like, and her overall impressions of the trip. Again, Madison provided me with wonderful information that sincerely helped relieve some of the stress and anxiety I was feeling about the trip. During June and July , I also had an ongoing text correspondence with Mr. I had initially reached out to Collier to thank him for his detailed posts on the Gitmo Observer blog, and followed up with several questions as the weeks went on. He always replied to me in a timely fashion and with helpful information. It is a requirement of the Guantanamo Agreement Checklist to contact previous travelers. Aside from that requirement, I would highly suggest that it is essential to correspond with and meet in person if possible previous travelers in order to have a smooth and complete preparation for travel to Guantanamo Bay. The test must have been administered within 72 hours of boarding the plane. On Wednesday the 20 th July, I received the final instructions from the Pentagon including flight details stating that we would be departing Joint Base Andrews bound for Guantanamo Bay at approximately AM Saturday 23 rd July and as the Covid test results needed to be printed and brought with, I would need the results well before that time. Although Indiana University had been administering covid tests to students for free during the pandemic, it turns out that Indiana University was and is no longer administering Covid tests to students. I do not know when they stopped, or why. However, I had to look outside school to find a testing facility. I was very worried about taking a Covid test and then having the Guantanamo flight leave later than I was anticipating, so I made the decision to get tested closer to my date of departure to be sure that my test would be within 72 hours of boarding the plane. That was a mistake. However, the test at CVS was self-administered and they do not send the tests straight to the lab — I was instructed to place the test in a drop box on the side of the CVS building to be picked up at a later point in time. The pharmacy tech at the window told me that test results are typically returned within days. That made me very anxious, as that time frame would mean there was a strong possibility that I would not get my covid test results back until I was already scheduled to be on a plane to Guantanamo. I scrambled to try and get another PCR covid test that would get me results at a quicker time. I found a private lab facility, GenePace, that would administer a PCR test and guarantee the results by PM the next day which would be Friday the 22 nd , giving me enough time to get the results printed to take to Joint Base Andrews on Saturday the 23 rd. It was not a pleasant experience. Now that Federal funds for Covid testing seemed to have dried up, it is apparently difficult to get a PCR test with quick results for travel without paying for them or waiting on a pharmacy like CVS or Walgreens. In hindsight, I should have asked previous travelers when the best time to get tested was, or I should have voiced my concerns to Professor Edwards or Professor Dunlap about a possible delay in the flight schedule from Joint Base Andrews and what that would mean for the 72 hour testing window. Future travelers should ask questions of the Directors or previous travelers if they have concerns. After running around trying to get Covid tested for a large part of my Thursday, I started to pack my bags. I received a phone call the afternoon of Thursday the 21 st July from a Pentagon official. She said it was her job that day to contact travelers bound for Guantanamo on our flight 2 days later to make sure they have everything in order. She also provided me with contact information for the person that would pick me up from the Visitor Center at Joint Base Andrews when I arrived at a. I confirmed that I had all of the documents that I needed except for the pending Covid test result. I thanked her for the information. I added my printed documents to the binder I put together for the checklist and Fair Trial Manual and Know before you Go manual. I made sure my passport and covid vaccine card were tucked away safely in my backpack. I packed and unpacked and repacked my clothes several times. My wife gave me a ride to Indianapolis International Airport early in the morning on Friday 22 nd July; I arrived at approximately AM for my American Airlines flight scheduled to leave at a. I passed through security, and reached my gate by approximately AM, even with TSA pulling me to the side, making me go through the body scanner, and patting me down. We had to wait for an open gate until about AM. My iPhone actually prompted me to do this when I stepped off the plane and turned off airplane mode on my phone. The D. Metro is very simple to use, and there are plenty of people around and security guards and signage to point you in the right direction if you get confused. I booked it through Vertoe. The Gardens and the Museum are free to enter and are located near the National Mall. I also wandered around adjoining neighborhoods talking to my wife on the phone and searching out food. I ate at a delicious hole in the wall called Burrito Brothers at around PM. From there I ordered a Lyft to take me the rest of the way to my hotel, which is directly across the street from the Joint Base Andrews Visitor Center. I checked into the hotel at approximately PM. My Covid test results came back negative. I asked the hotel front desk clerk to please print three copies of the results for me, and she did. After that I walked to a Hispanic Grocery store called La Colonia and bought some food for dinner that night and breakfast the next morning. The website says breakfast is complimentary, but the dining room has been closed since Covid. The room was nice and clean with a desk and free Wi-Fi. The reviews on Google for the Quality Inn are not great, but I have no complaints. The front desk staff was very courteous and helpful. Tomorrow, I will plan to walk over to Joint Base Andrews to arrive at the visitors center by AM to be picked up by my escort. My next blog post will cover checking in at Joint Base Andrews, the flight to Guantanamo, and my first day at Guantanamo Bay. McKinney School of Law. I have also been scheduled to attend previous hearings at Guantanamo Bay, but these hearings one of which was for Al-nashiri, accused of the bombing of the USS Cole were cancelled at the last minute. During that time I worked on the defense of an alleged Serbian war criminal. This experience elevated my interest in the world of military law, specifically when it impacted the rights of criminal defendants. Soon after returning from my internship in Australia, I dove into more classes relating to international human rights. In one class, International Criminal Law, I was able to contribute to a Fair Trial Manual being drafted by the Program in International Human Rights Law for use by observers at Military Commission proceedings like the one I am scheduled to attend at the end of this month. As many prior observers have done, I will be bringing copies of these manuals for observers to use during the upcoming trial against Khalid Sheikh Mohammad. Photograph of Khalid Shaikh Mohammad, the accused war criminal whose hearings I am scheduled to attend. Khalid confessed to many of these crimes. However, some have criticized the procedures used on Khalid to elicit these confessions, which included waterboarding. Ultimately, if convicted of war crimes, Khalid Sheik Mohammad could face the death penalty. Outside Andrew Air Force Base from my hotel. I flew from Indianapolis to Washington DC to a beautiful 30 degrees. My trip was uneventful, save for the look on all who tried to lift my carry-on luggage containing the Manuals , which at this point are in two Volumes, totaling over pages. More about the Manuals later. I was sitting in front of the loudest three on this very small plane. Their conversations spanned from blue-collar job variations by state, Hoover Dam documentaries, Benghazi and then, Guantanamo! I held my breath. The pilot came on the intercom, and voices behind me were lowered for the remainder of the flight. I am still a little shocked that three people on that small plane going from Indiana to the East Coast would talk about Guantanamo Bay, on the eve of my first trip to that U. Hot off the press! Guantanamo Fair Trial Manuals. As an NGO observer, I am tasked with evaluating whether the all stakeholders are being afforded the rights and interests to which they are entitled through the Military Commission process. Yes, I will be examining rights of the defendants. Also I will examine rights of victims and their families, rights of the prosecution, rights of the press, and rights and interests of others who have a stake in the proceedings. As I mentioned, it is now in two Volumes. Volume I is the main body of the Manual , and identifies the international and domestic U. It provides a good idea of what a fair proceeding should look like, so that NGO Observers will have a good point of reference. Volume II contains the Appendices, which include hard copies of many important legal documents, such as parts of the Military Commission Act, Rules of Procedure, and International Documents, including parts of the Geneva Conventions. Both Volumes have been instrumental in helping me prepare for my role as an observer. I have done background readings on blogs from other participants who have attended the hearings, as well as from the Military Commission Website and other resources. The Gitmo Observer Blog also contains Briefing Books under Research and Resources, which have been very helpful in orienting myself with the details of the hearings. Retired Major General Vaughn Ary. The defense argued that no military official should be able to order a Military Commission judge to take such actions, since the judges are supposed to be free from outside influence. The order of Major General Ary was reversed at the end of this past week, after Ary testified from the Pentagon. Motions scheduled to be argued next week while I am present as per the second amended Docketing Order are:. Tomorrow Sunday , we are scheduled to leave for Guantanamo from Andrews. I plan to post again once I cross the street and enter the base. They say that they have to keep the temperature in our GTMO tents very low to keep these rats out at night. Seriously, I am very keen on furthering the goals of the Indiana University Military Commission Observation Project, which include to attend, observe, analyze, critique and report on the Military Commissions. This is a very important project that I believe serves all stakeholders in the Military Commission process. Abd al-Rahim al Nashiri. Military Commissions from 2 — 7 March This is the case against a man, al Nashiri, who is charged in these proceedings with having being a masterminded of the October attack on the U. Cole, docked off the coast of Yemen, killing 17 U. This human rights program created the Military Commission Observation Project, and the Project nominated me for this mission. I also hold a Master of Laws LL. In , I was an intern in this human rights program, working in Vienna Austria in. I am currently studying International Research Ethics, but have not lost my interest in international law. I have had an interest in international law for many years now, but certain events heightened my desire to understand international criminal law and international humanitarian law. On August 7, , the US Embassy in Nairobi, Kenya was bombed, killing over two hundred person, wounding countless people, and causing significant property damage. There was a similar terrorist attack in neighboring Tanzania. The blast rocked our notions of the relative peace and security we had experienced as a nation. Al Qaeda claimed responsibility, and terrorism was at doorstep of my East African home. Al Nashiri was a suspected mastermind of those East African bombings, and one of the suicide bombers, the driver of the truck carrying explosives who attacked the Embassy, was his cousin, Azzam pg. It was purely coincidental that I was approved for the Al Nashiri hearings. Although as a nation we lost family and friends, I naturally was inclined to seeing all those involved pay for their crime. At the same time, reading about the torture that alleged masterminds and perpetrators were subjected to left me conflicted as a human being, and a continued believer in the universality and inalienability of human rights. With this background and my academic experience in international law, I am eager to attend the hearings and apply what I have learned to assess whether the accused are accorded fair trials, and whether the rights and interests of all other stakeholders are being fully afforded to them. In , I was fortunate to meet Prof. Courtroom sketch of al Nashiri by artist Janet Hamlin. He faces charges in perfidy, murder in violation of the law of war, attempted murder in violation of the law of war, terrorism, conspiracy, intentionally causing serious bodily injury, attacking civilians, attacking civilian objects, and hazarding a vessel. I look forward to attending the hearings. I am however conflicted. The purpose of allowing observers is to ensure free and fair trials are conducted before the Military Court at Guantanamo, yet the process is riddled with torture and gross human rights abuses. I have received countless of emails from human rights based organizations, to sign petition for the closure of Guantanamo Bay. I cannot say that I have made any active advocacy efforts towards this end. I find it unsettling after claims and evidence of illegal detention and a flagrant violation of rights, there is an interest in the right to a fair trial. At the same time, terrorist continue to launch attacks against innocent human beings. I have witnessed this in Kenya, and continue to witness it with the constant threats from the militant group Al- Shabaab. I desire justice for the victims of terrorism, and respect for human rights for those accused. My journey to Guantanamo begins March 1, and will return to the country on March 7. I will be posting my observations on this blog as I continue to prepare, and updating on the hearings on a daily basis. I look forward to meeting other NGO Observers who will be there, attending the hearings and applying the Guantanamo Bay Fair Trial Manual to give an objective and personal view of the proceedings. The Judge in the al Nashiri case determined that hearings for the remainder of the week were to be classified. After receiving word that the hearings were done for the week for us, I scrambled to catch a flight back to Indianapolis on Thursday what would have been the second day of hearings for this week. I was hopeful that my more…. A new attorney was added to the prosecution, which made the final count 12 attorneys for the prosecution and 5 more…. I started today with a feeling of excitement and nervousness. What a responsibility! At the end of the day, I also realized that the judge had cleared his docket for the week. In other words, today was the only day this week that hearings were going to be held that were not classified. I have decided to split up my post for today in two separate posts: one with my personal observations and unique experiences, and a second post that deals with the substantive legal issues that were covered in the hearing. I have never been on an active military base, and had no idea what to expect. My taxi driver told me that it sometimes takes awhile to get cleared to access the base, especially with persons who enter by taxi. When we pulled up to the gate, my driver had to turn off the engine, open all the doors, and show both his license and mine to the guards. After a thorough inspection, I was allowed to come in. I pulled up to the Post Theatre, and came into the darkened room only to notice that I was the only participant present. I am the typical type A law student, so I made sure that I was over thirty minutes early, which gave me plenty of time to get settled and prepare for the day. The individuals overlooking the observation informed me that no cellphones, laptops, iPads, or anything else capable of recording is allowed into the theatre. For some reason, I had not anticipated this and slightly panicked because, as a law student hooked on electronics, I was intending on taking notes of the trial on my iPad the entire time. Thankfully, one of the leaders had an extra pad of paper. We have her to thank for my reporting to you all! I was informed that they had received word that the trial was going to be closed until 10am, meaning that there would be no streaming due to the sensitive nature of the material being heard. Fortunately, the leaders streamed Good Morning America, so I was able to watch Matt Lauer and friends while I was waiting for the trial to begin. Around am, Judge Pole appeared on our screen and the hearing was called to order. Before hearing any substantive legal issues, Judge Pole informed Al-Nashiri of his rights as a defendant, such as the right to appear at any and all trials he wished to observe and, at the same time, choose to not appear at any of the hearings without any prejudice towards his case. I was struck when I first saw Al-Nashiri. I do not know what I was consciously or subconsciously expecting to observe, but I was surprised to notice that he looked like an average man that you would see walking down any street in New York or Indianapolis. When you search for images of Al-Nashiri, the man that appears looks very different than the man that I saw today. Today, Al-Nashiri was dressed all in white and was clean shaven with a full head of dark hair. He looked younger than I expected; I found myself stunned at the idea of him planning this horrific terror attack at such a young age. To be frank, I almost forgot that the hearing I was witnessing was one that was so crucial to national security. Al Nashiri was leaning back in his chair, yawning, and looking sort of nonchalant about what was happening around him. It was not the reaction that I would have expected from a man who was on trial for his life. The attorneys for Al Nashiri argued just as efficiently and effectively as they would for any other client. I found myself wondering if I would be able to do the same if I were placed in their shoes. On the other hand, there is a part of me that wonders if my advocacy would be hindered in any way because of the pre-conceived notions that are inherent in a case of this political magnitude. It was apparent from my observation today that equality, fairness, and justice were not only sought, but achieved in this military commission. There were only a few other people in Post Theatre with me observing this hearing. I spoke with two individuals, one from the ACLU and another from the Human Rights Campaign and both of these individuals have had prior experiences observing military commissions and they had both been to Guantanamo multiple times. They were each so nonchalant about their travels that it blew my mind. I wanted to hear all about their experiences, but they were insistent that it was just like any other business trip. I was fortunate enough to tag along with the ACLU representative for lunch. I thought that lunch was going to be brought into the theatre, but instead we were dismissed for an hour an a half to do whatever we liked. The lunch area reminded me of a mall food court with many different types of food and stores shoved into a small area. The rest of the afternoon flew by. The other observers knew the docket schedule and were surprised at how quickly Judge Pole and the attorneys were going through the motions that were contested. When we ended around pm, Judge Pole announced that the rest of the hearings would be classified and therefore closed to the public. Today was the only hearing that was available for streaming. It was a bummer for our other MCOP members who were either en route to the base or already in Maryland. Despite their travels, they were unable to view any part of the hearing. I told my dad that it was unfortunate that I was only going to be on the base for one day and had not had a sufficient chance to explore what else it has to offer. He suggested, perhaps in a joking manner, that I should find the Commander of the entire base and ask for a tour. I meandered over to their offices and walked up the steps of the grand building. I immediately turned to walk right back out the door when I bumped into two very important looking men. It is not everyday that you casually bump into the Commander and Command Sergeant Major of an active military base, but that is exactly what happened to me. I recognized their photos as they were hanging in Post Theatre as a way to inform everyone who was in charge. They were very cordial to me, but looking into their eyes, I could tell that they were very serious men. To my excitement and surprise, they asked for my business card and said that they would pass along my information to their head JAG officer who may be able to give me a tour tomorrow. I loved being at Ft. Meade to observe this hearing. I am sad that my fellow MCOP participants were unable to make it to the Al Nashiri hearing, but I am excited, as I know they are, to have the opportunity to travel out to Ft. I am very grateful for this opportunity and feel as though I have been privy to something that very few people will ever get to experience in their lifetime. Military commissions have a lot in common with what we know as a regular trial that takes place in the US Court system. What differentiates a military commission is that a military commission is a court of law traditionally used to try law of war and related offenses. An alien unprivileged enemy belligerent who has engaged in hostilities, or who has purposefully and materially supported hostilities against the United States, its coalition partners or was a part of al Qaeda, is subject to trial by military commission under the Military Commissions Act of I have read the brief of the Amici Curiae prepared by retired military admirals and generals in support of the defense council who is in opposition to the military commission as the forum to try this case. An amici curiae opinion is an opinion on the case or an issue in the case that is written from an interested third party who is not directly involved in the litigation. I find that these two issues are inherently linked to one another, and I must respectfully, yet strongly, disagree with the assertions from the defense. I would argue that we are in a theatre of war whenever we are attacked in connection with an act of terror. The USS Cole attack was undeniably an terrorist attack, one designed to be targeted directly at some of our sailors stationed abroad. Although the President and Congress had not specifically declared a war, in my mind there is no question that attacking a US military ship with a bomb constitutes an act of war. It is for this reason that I disagree with the defense and their arguments that the military commission is inappropriate because it did not occur in a time of war. The second point that struck me was the assertion that allowing this trial to be held in a military commission would put our own soldiers at risk for trials abroad. One of the greatest qualities of our nation is that we want to treat everyone in a dignified and respectful manner. However, what fails to be mentioned is that not all countries are following the American example. If an American was captured by al Qaeda, the American would not receive increased protection because if his nationality. Rather, the chances that he will be treated with brutality are immensely high. In their briefing, the defense council described some instances during the second world war and the reign of Hitler. At that time, the American military made sure that German prisoners were treated to the same rations as American soldiers. General Dwight D. Our current conflict is not against a unified armed force that is led by a single commander; we are against individuals who are united under a common enemy, America. A military commission is a way to let these individuals, who have been accused of war crimes against the United States and our compatriots, a chance to be treated with a level of respect and humanity that would likely not be reciprocated if the roles were reversed. Trying these cases in American federal courts would hinder the administrations of justice because the nature of the beast of war and terror. A military commission affords these individuals a fair trial, complete with zealous advocacy and opportunity. It is the correct forum for this case and is sufficient in ensuring that justice will be administered. As I was researching the background to this case, it occurred to me that this attack must have triggered a switch in the mentality of our armed forces. America has always been seen as a dynamic military world power; our nation would be called in and the battles would ensue, almost all of which ended in our victory. We, America, were the party that always went to the battlefield, rather than the party having to defend an attack on the home front. The USS Cole bombing was one of the most shocking times that our military has been directly targeted and attacked successfully. September 11 brought the realization that American citizens may have a risk on our own soil, but the USS Cole attack brought the realization that our military is now at a heightened risk when they are abroad. The Cole was fueling when the sailors saw a small boat approaching, the attackers were waving to the soldiers as the boat pulled up next to the Cole, and subsequently exploded from the hundreds of pounds of explosives that were packed into the tiny fishing vessel. That attack killed 17 sailors and wounded 39 more. I am especially drawn to this case. When I worked in Washington, D. When our service men and women return from battle, they are typically welcomed home with family members holding signs, arms wide with hugs, a feeling of honor, pride and respect is ever present. However, many of our men and women who are deployed are unable to return with the rest of their troop and experience the overwhelming welcome because they were injured and too ill or hurt to travel back with the rest of their unit. These men and women are honored at the Pentagon with a Wounded Warrior march. I can still remember the feelings and emotions that came over me when I watched these men and women experience their long, overdue welcome home in the halls of the Pentagon. Every single person employed at the Pentagon, from the janitor to the highest ranking general, lined the hallways and clapped and cheered for these heroes. I have never felt such pride, respect, and admiration for our armed forces as I did during that ceremony. This moment has impacted me tremendously and to this day I will always try to thank a service man or woman for the enormous sacrifice that they have made for this Nation, and as a result, for me. Our men and women on that battleship had no idea that their safety would be put at risk by suicide bombers. The bomb hit right outside the mess hall, which led to the high number of lives lost. I am delighted to be chosen to travel to Ft. This is truly a once in a lifetime experience and as a third-year law student who has an equal fascination with law, policy, national security and human rights, there is no greater opportunity than this. Our school guidance counselor came in, gestured for our teacher and proceeded to have a heated whispered conversation. Our teacher then told us that the school was canceling ISTEP for the day, and started showing us a funny video online. We were all confused. A few minutes later, I was in the hallway when one of the social studies teachers ran by with tears in her eyes. I felt as though everything slowed down, and a panic came upon me like none I had experienced before. I eventually learned the truth about what happened that day. That day changed my life. It changed the nature of our country as a whole. America had arguably not been attacked on home soil since near the birth of our nation. Pearl Harbor was the only other attack that was similar to this one, but it happened far off our coast, not in one of the biggest cities in our nation. I became fascinated with everything relating to national security and the law, whether it be news stories, novels, or speaking with everyone and anyone I could who had different experiences dealing in this unique brand of international affairs. I had the wonderful opportunity to work out in Washington, D. I learned to give tours of the Capitol where I talked about the plaque that sits on the far end of the rotunda honoring Flight 93 and the crewmembers and passengers who stepped up and saved the Capitol from being struck by the last plane. One thing that particularly struck me about the Pentagon was that the section where the plane hit was under construction; the number of people in that section was a fraction of the normal workforce and from that, lives were spared. Through my studies of aviation law I was able to learn about that day from the men and women working in the air traffic control tower here in Indianapolis. Our city became one of the main hubs for grounding planes, and these individuals had the task of grounding the second largest number of planes of any airport in the nation. They spoke of how they were frantically searching the radars for the hijacked planes and how eerie it was when their radar only showed around twelve planes that were strictly being monitored or flown by members of our armed forces. That day helped solidify my future in law. The American justice system fascinates me in the sense that even these men, who have been recommended for prosecution for war crimes, get fair and honest trials. Having the unique opportunity to observe the trial of the alleged mastermind of the attack will be enlightening and exciting. I am also eager to observe the military commission process and how it differs from litigation in the US courts. I hope to highlight some of the commonalities and differences amongst the two in my postings and also explore why and if the military commission is appropriate for the issue at hand. I leave in two days for my trip to Maryland. I have packed my bags, loaded my iPad with the incredible briefing binder that was put together by the leaders of this program, and am looking forward to my time at the base! The tent that Tom and I stayed in. Me at the Marina. Girl Scout Beach. Another view of Girl Scout Beach. Me at the Lighthouse Museum. Me imitating a cactus at Guantanamo Bay — the Base was full of cacti and desert flora. Like this: Like Loading Vice President Kamala Harris. Brigadier General Jackie Thompson, Jr. Introduction Me in Spring The Manuals. 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Guantanamo Bay, with its small-town feel, is a major naval base as well as home to the infamous detention center for captives in the war on terror. Since the reestablishment of diplomatic relations between the U. In fact, experts say closing the base would take decades. Meanwhile, the gift shop still has Fidel Castro bobble heads for sale. In essence, the naval base is an island within the island, separated from Cuba and relatively unaffected by changes in diplomatic relations. The North East Gate, which used to allow travel to and from Cuba, will remain closed, and the mines surrounding the base will stay in the ground. She pointed to the transfer of the Panama Canal from US control to Panamanian control as an example; that transition took more than 20 years. The 45 square miles of land occupied by the Guantanamo Bay base have been leased from Cuba since The Cuban embassy did not return calls about whether the Cuban government planned to start cashing the checks. In January , shortly before John F. Kennedy was inaugurated, President Dwight Eisenhower severed diplomatic relations as Fidel Castro declared himself in favor of Marxist ideology and began mass jailings and executions of Cuban dissidents. Then, in, Castro cut off the water supply, forcing the base to become completely self-sufficient. Guantanamo Bay is first and foremost a naval base, in operation since the land was acquired over a century ago. It has docks capable of accommodating ships as large as a small aircraft carrier, and facilities catering to the families of soldiers stationed at the base. The base has also supported humanitarian missions, such as taking in a massive influx of Haitian refugees and migrants in the early s as a part of Operation Sea Signal. Twenty years later, all but 28 of the refugees have left. The base is home to a mix of service members and their families, civilians, and third-country nationals, mostly Jamaicans and Filipinos who come to the base for work. The naval base has the feel of a humid small town that could be anywhere on the Gulf Coast. There is a movie playing every night but Wednesday at the Lyceum, a stadium-style outdoor theater, complete with a concession stand that sells popcorn, hot dogs, and soft drinks for a dollar each. The movie theater is where you will find Jose Polica, 18, many nights of the week. He has lived in Guantanamo Bay his entire life. Polica recently graduated from W. Sampson High School, the only one on the base. He graduated with only a handful of other students. Though he says he is interested in going into a job having to do with IT, he has no desire to leave the base. The hippest place to be each night is the Jerk House, a Jamaican restaurant that offers the most highly coveted service for most residents of Guantanamo Bay: Wi-Fi. The base is notorious for its terrible and outrageously expensive internet service. Like moths to a streetlight, the free Wi-Fi creates a melting pot of the community outside the Jerk House. In one evening reporters were joined by a crew of FBI witnesses who were scheduled to testify in an on going military commission. The team was sporting sunburns and raving about their time on the beach. He said that he comes down to Guantanamo about once a month from Virginia Beach to help broadcast the military commissions to viewing rooms on military bases stateside. He has a couple of boats in the marina and offered to take the group sailing on one of the many down days that come with reporting on the base. For most, entertainment can be hard to come by in the isolated naval base. The Morale, Welfare, and Recreation Department tries to solve this problem. There are two sides to Guantanamo. On the other side are the notorious Guantanamo Bay detention camps. Separating them are roadblocks and barriers manned by armed guards. A barbed-wire fence and a minefield surround the base. Marines are posted at watchtowers 24 hours a day. Even the local radio station is designed not to broadcast past the border of the base. A view of the Northeast Gate. Prior to the early s, Cubans would pass through this gate as they came to work on the base during the day, returning home at night. There is never anything political talked about. The goal of the meetings is to keep the border peaceful. Neither side wants an inadvertent flare-up from a misunderstanding. The reestablishment of diplomatic relations, Wirfel said, would not affect the monthly meetings, which have been going on for 20 years. In addition to the monthly get-togethers, there is a surprising annual joint military effort at cooperation between two countries that have not gotten along for decades. This year they cooperated to fight an imaginary fire on the fence line. The participants jumped back and forth across the heavily guarded border, at one point carrying a person with a simulated injury across the border into enemy territory. A short drive away, less than five miles from the naval docks, sits a side of Guantanamo Bay that reminds visitors and service members that this is a deployment site rather than a traditional military base. A block of detainee cells stands empty in the early morning light. The camp was originally used to hold troublesome refugees in the early s and was repurposed in to hold detainees in support of the War on Terror. On Jan. Since then, there have been several new detention facilities constructed, a few of which resemble standard federal correction lock-ups. In total, more than detainees have passed through the island-based detention center. Today, remain. Many of the guards who work in the detention centers are military police and live in long canvas tents that look like massive drainage pipes sliced in half. The oceanside tents are kept heavily air-conditioned to dissuade the local iguanas and banana rats from seeking shelter during the blistering-hot days. Not even a mile down the road is Camp Delta, home to the people allegedly responsible for orchestrating the greatest terrorist attack ever on American soil. This prison is effectively an island within Guantanamo, which itself is an island of US control on the island of Cuba. The Joint Task Force, with members from all four branches of the US military, runs the detention center. That mission remains unchanged, regardless of the reestablished diplomatic relations between the US and Cuba. In the end, it may be far too much to expect instantaneous changes at Guantanamo. Tweets by Medill News. Medill Today December 5, Medill on Twitter Tweets by Medill News.

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