Guantánamo Military Commissions Pause, Three Judges to Arrive for Critical Death Penalty Pretrial Hearings

Guantánamo Bay, Cuba – Camp Justice at the U.S. Naval Base Guantánamo Bay is undergoing a temporary cessation of activity, with a "packout day" concluding operations as the war court prepares for a series of critical pretrial hearings in death penalty cases. The pause precedes the arrival of three military judges on December 13, who are slated to preside over proceedings the week before Christmas, according to a social media post by veteran reporter Carol Rosenberg.

The upcoming hearings are expected to address significant legal issues in high-profile terrorism cases, including the long-stalled trial of Abd al-Rahim al-Nashiri, accused of orchestrating the 2000 bombing of the USS Cole. That attack, which occurred during a refueling stop in Aden, Yemen, claimed the lives of 17 American sailors and injured dozens more. Al-Nashiri's case is one of two death penalty cases currently proceeding through the military commissions at Guantánamo, the other involving the alleged plotters of the September 11, 2001, attacks.

Proceedings in the USS Cole bombing case have been plagued by extensive delays since al-Nashiri's arraignment in November 2011. Legal challenges, judicial conflicts of interest, and slow disclosure of classified information have pushed the anticipated trial date for al-Nashiri to June 1, 2026. The current "dark" period for the war court signifies a logistical preparation for the next phase of these complex legal battles.

The arrival of the new military judges and the scheduled pretrial hearings in mid-December underscore the ongoing, albeit slow, efforts to bring these cases to resolution. These sessions are crucial for addressing outstanding motions and procedural matters before the capital trials can commence. The military commissions system at Guantánamo Bay continues to face scrutiny over its protracted timelines and legal complexities.