Resisting Guantanamo: Rights at the Brink of DehumanizationExpressO (2008)
AbstractThe Supreme Court’s June 2008 decision in Boumediene v. Bush, granting constitutional habeas corpus rights to terrorist suspects at Guantánamo Bay, appeared to usher in a rights moment in which legal advocacy achieved transformative results. But the history of rights-based litigation at Guantánamo suggests that such victories often are fleeting, with court pronouncements failing to produce the meaningful change—freedom of prisoners, closure of Guantánamo—expected of such landmark decisions. This reflects not simply a failure of the courts, but a limitation of rights in the face of extreme state violence. This Article argues that the work of rights—and of lawyers—at Guantánamo is best understood not as an example of transformative legal practice, but as a form of resistance to dehumanization. Guantánamo has proven to be a project of dehumanization, achieved through three forms of erasure of the prisoners’ humanity: cultural erasure through the creation of a terrorist narrative; legal erasure through formalistic legerdemain; and physical erasure through torture. Because Guantánamo was defined by the Administration as rights-free, it placed the very value of rights-based advocacy in doubt, raising the question: Why adopt a rights-based strategy in a rights-free zone? Drawing on the author’s experience representing a Guantánamo prisoner, the Article considers various theories of rights, concluding that rights at Guantánamo may not be able to achieve the transformative results of prisoner freedom or prison closure, but nonetheless do the important work of maintaining prisoner humanity. A comparison between the rights-based litigation brought by the prisoners’ lawyers and the hunger strikes engaged in by the prisoners themselves illuminates the nature of such resistance, its potential, and its limitations.
Publication DateSeptember 10, 2008
Citation InformationMuneer I Ahmad. "Resisting Guantanamo: Rights at the Brink of Dehumanization" ExpressO (2008)
Available at: http://works.bepress.com/muneer_ahmad/1/