Lawfare and torture at Guantanamo Bay : a comparison of the Bush and Obama administrations

Abstract

Guantanamo Bay is commonly referred to as a ‘legal black hole’ where the United States violated the international prohibitions of torture in the years following the 9/11 attacks. The Bush administration justified these violations through its creation of the ‘unlawful enemy combatant’ category and other legal tactics. This justification through legal means and an evasion of international law has been defined in academia as a form of ‘lawfare’, which refers to the use of law, international and domestic, as a tool that seeks to permit prohibited acts. While many analyses examine statements made by Bush administration officials, the infamous ‘torture memos’ and US legislation, this essay examines the US’ dialogue with the United Nations Committee Against Torture through an analysis of reports submitted by, and to, the Bush and Obama administrations. This essay allows for an additional perspective on how the US, which has committed to torture prevention through ratifying anti-torture conventions, engaged in lawfare, to varying degrees, under the Bush and Obama administrations.