Joanne Mariner

Joanne Mariner

Joanne Mariner is the director of Hunter College’s Human Rights Program.  Before joining Hunter in 2011, she worked at Human Rights Watch, most recently as the director of the organization’s Terrorism and Counterterrorism Program. She has investigated human rights abuses around the globe, focusing in recent years on counterterrorism laws and policies, indefinite detention, the criminal prosecution of suspected terrorists, and the nexus between counterterrorism and the law of armed conflict.

During her tenure at Human Rights Watch, she covered a wide variety of issues, documenting war crimes in Colombia, Kosovo and Darfur, political violence in Haiti, and prison conditions in Hong Kong, Brazil and the United States, among others.  She has published widely on human rights topics, conducted advocacy before U.N. and regional bodies, and appeared on national media such as ABC News, NPR, BBC World, and C-SPAN.  She drafted Human Rights Watch's 1999 submission to the House of Lords in the Pinochet case, and is the author of a ground-breaking 2001 report on prison rape that led to the passage of national legislation to address the problem. In 2006, she testified before the European Parliament about CIA activities in Europe.

Mariner is a member of the Council on Foreign Relations and belongs to the board of advisors of the International Justice Resource Center and the International Centre for Counter-Terrorism - The Hague.  She has taught as an adjunct professor at Georgetown Law Center and American University’s Washington College of Law. In 2005, she received the American Society of International Law's Distinguished Women in International Law award.

Before joining Human Rights Watch, Mariner served as a law clerk to Judge Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit. She graduated summa cum laude from Barnard College and received a JD from Yale Law School. She speaks French and Spanish.

Columns by Joanne Mariner

Paul Ryan and Human Rights

Justia columnist and Hunter College Human Rights Program Director Joanne Mariner comments on presumed Republican vice-presidential candidate Paul Ryan’s positions on human rights issues. Reminding readers that even a VP may have great influence on human rights issue, as Dick Cheney certainly did with regard to issues relating to torture, Mariner notes that if Mitt Romney is elected president, Ryan, too, may have considerable sway in this area. Mariner notes first that Ryan sees rights as natural and God-given, and then goes on to note that Ryan is extremely pro-life, even if the pregnant woman’s life is in danger, and extremely anti-gay-rights. Mariner notes that when it comes to foreign policy, Ryan seems more open to certain compromises, and she is troubled, especially, by Ryan’s reportedly enlisting the advice of Elliot Abrams, whose views on human rights issues are, Mariner notes, very disturbing.

A Legal Challenge to Targeted Killings

Justia columnist and Hunter College Human Rights Program Director Joanne Mariner asks the following question, which she notes is far from hypothetical, as three Americans have already been killed: Does the Executive Branch—including, specifically, the Pentagon and the CIA—possess unreviewable power under the US Constitution to carry out targeted killings of Americans overseas? With an ACLU/Center for Constitutional Rights lawsuit being filed today to challenge the legality of targeted killings carried out by the United States, the contention that these scenarios fall under the “political question” doctrine and thus cannot be adjudicated in court, will be tested soon.

Journalists, Protesters, and Other Terrorist Threats

Justia columnist and Hunter College Human Rights Program Director Joanne Mariner draws on a recent Human Rights Watch report that she co-authored, regarding the host of post-9/11 counterterrorism laws that have been passed, to question whether these laws cast too wide a net.  As Mariner explains, the report reveals that, in fact, many of the laws have proved overbroad, and that very overbreadth has meant that they have swept in journalists, social protesters, opposition figures, and other disfavored groups who have had nothing to do with terrorism.  Mariner provides specific examples to prove her thesis, citing instances of the misuse of counterterrorism laws to detain protesters in Bahrain, and to detain journalists in Ethiopia.  She also focuses on troublingly unspecific UN Security Council resolutions regarding counterterrorism, that may well open the door to abuse.

A Thousand Years of Solitude

Justia columnist and Hunter College Human Rights Program Director Joanne Mariner comments on the situation endured by the more than a thousand prisoners who are held in solitary confinement, in tiny cells, in the Security House Unit (SHU) at California’s Pelican Bay State Prison—with about half serving terms of more than ten years, and some serving terms of more than twenty years. Mariner covers the Center for Constitutional Rights’s class action, filed just last week, challenging the SHU’s solitary confinement regime. She also conveys the Draconian punishment the prisoners suffer, deeming it a combination of sensory deprivation and social isolation, with only the most meager chance for exercise, and even phone calls such as those conveying the news of a death in the family allowed only at authorities’ discretion. Visitation, too, is harshly limited, as is mental health care. Mariner supports the CCR’s effort to challenge these and other practices—including the double-celling of prisoners in the tiniest of cells, and the highly questionable “prison gang validation” process that leads to incarceration at the SHU, as opposed to elsewhere in California’s prison system. Chances for parole, meanwhile, are slim to none. And while the UN has suggested abolishing indefinite solitary confinement, California still employs just such confinement at the SHU.

Ending Prison Rape

Justia columnist and Hunter College Human Rights Program Director Joanne Mariner describes America's very slow progress toward ending prison rape. Mariner chronicles developments in this area from the 70s to today. She focuses especially on early empirical studies; a landmark 2001 Human Rights Watch Report; and the subsequent legislation the report helped trigger, The Prison Rape Elimination Act (PREA), which was passed in 2003. Mariner also notes that only last Thursday, May 17—nearly nine years after PREA’s passage—did the Justice Department finally issue the national standards on prison rape that PREA requires. Mariner describes in detail these important standards and their reach, and deems them to constitute a critical step forward, as Attorney General Holder has said.

The Trial of the Century?

Justia columnist and Hunter College Human Rights Program Director Joanne Mariner comments on the official beginning of the military commission proceedings against Khalid Shaikh Mohammad and his four co-defendants. As Mariner notes, the United States is seeking the death penalty against all five men, who are accused of a litany of crimes relating to the 9/11 attacks: terrorism, hijacking, murder, conspiracy, and intentionally causing serious bodily injury. Mohammad, as Mariner explains, has taken responsibility for the attacks, and the other four defendants are alleged to have played key organizational or financial roles in the attacks. Mariner argues that for the verdict in these cases to be seen as just, the defendants must be granted basic procedural guarantees and must face an impartial and independent tribunal. However, Mariner argues, neither the procedures that will be used, nor the tribunal itself, fit these requirements. In particular, Mariner emphasizes the key differences between judicial independence and military discipline, when it comes to the administration of justice, and urges that civilian courts, not courts-martial, should be the tribunals adjudicating these cases. She cites the Zacarias Moussaoui civilian trial as a success in showing that the civilian justice system can work well even in terrorism cases, and suggests that these cases, too, should have gone forward in the civilian justice system.

The Hybrid Rules of Drone Warfare

Justia columnist and Hunter College Human Rights Program Director Joanne Mariner discusses the controversial subject of drone warfare, and the question of what rules should apply to it. She covers Attorney General Eric Holder’s speech on the issue, given earlier this month, which focused upon the use of lethal force against U.S. citizens. Mariner notes that this speech—building on earlier analyses by State Department Legal Adviser Harold Koh and Defense Department General Counsel Jeh Johnson—is the most thorough Obama Administration analysis of these issues to date. Mariner also contrasts the U.S. and Israeli frameworks for targeted killings—noting that the U.S. seems to be borrowing, lately, from the Israeli model. In particular, she compares the rules outlined in the Holder speech with the rules outlined in an Israeli Supreme Court opinion on similar topics. Finally, Mariner makes some predictions about the kind of approach we may see in the future in this area of law, which may combine elements of both military and civilian justice.

Chipping Away at the NDAA

Justia columnist and Hunter College Human Rights Program Director Joanne Mariner discusses two recent steps toward limiting the scope of the detention provisions of the National Defense Authorization Act (NDAA), the controversial, recently-passed federal statute regarding the military detention and trial of terrorist suspects. The first step was an Obama Administration policy directive that effectively negates an NDAA section that purports to require that non-citizens suspected of strong links to terrorism be held in military, not civilian, custody. The second step was the commencement of a Senate Judiciary Committee hearing on the Due Process Guarantee Act, which was introduced after the NDAA was enacted into law. As Mariner explains, the Due Process Guarantee Act would protect both citizens and lawful permanent residents arrested in the U.S. against being detained indefinitely under a military rationale. Moreover, the Act would set a baseline prohibition on indefinite military detention in such cases, allowing such detention to be used only when Congress explicitly provides for it. Mariner sees these steps as constituting progress, but contends that amending the NDAA itself would have been a better remedy—especially as a presidential directive can always be reversed by a future president.

Repealing the NDAA

Justia columnist and Hunter College Human Rights Program Director Joanne Mariner comments on the Due Process Guarantee Act of 2011—a bill that states that a congressional authorization for the use of military force does not allow the indefinite detention of citizens or lawful permanent residents arrested in the U.S., unless Congress explicitly provides for such detention. As Mariner explains, this clear-statement rule would offer citizens and resident non-citizens in the U.S. default protection against indefinite detention without charge, unless Congress plainly authorized such detention. Nevertheless, Mariner notes that she is of two minds about the Act. On one hand, Mariner believes that the Due Process Guarantee Act would effect a welcome change to the detention provisions of the controversial NDAA (National Defense Authorization Act) regarding U.S. citizens and lawful permanent residents of the U.S. On the other hand, though, Mariner points out that the Due Process Guarantee Act would do nothing to solve the problem of the indefinite detention, by the U.S., of non-resident aliens at Guantanamo—which Mariner contends is, by far, the U.S.’s most urgent and glaring detention problem.

The Indefinite Detention of Citizens and Non-Citizens Under the NDAA

Justia columnist and Hunter College Human Rights Program Director Joanne Mariner comments on the provisions of the NDAA (National Defense Authorization Act) relating to the detention of citizens and non-citizens. She begins by noting that, last week, the tenth anniversary of the military prison at Guantanamo occurred, and was the subject of comment by the media, but this brief focus on the prison and its prisoners was the exception to the rule. In addition, she points out that the NDAA addresses the very issue that Guantanamo embodies, indefinite detention without charge, and does so in a way that has sparked sharp criticism from conservatives and liberals alike. Mariner focuses here, however, on a less-remarked aspect of the NDAA: Although its provision for indefinite detention for American citizens has been highly controversial, far less attention has been paid to its provision for indefinite detention for non-citizens—of which there are 171 being currently held at Guantanamo; all but five indefinitely (of the five, four were convicted and one faces terrorism and other charges). Mariner calls for more attention to the NDAA’s treatment of non-citizens, reminding readers that indefinite detention for Americans remains theoretical, but indefinite detention for those incarcerated at Guantanamo is very real.

The NDAA Explained: Part Two in a Two-Part Series of Columns on the National Defense Authorization Act

In the second of a two-part series of columns on the highly controversial NDAA (National Defense Authorization Act), Justia columnist and Hunter College Human Rights Program Director Joanne Mariner continues to explain and comment upon on the bill, which is now the law. Mariner explains President Obama’s reasons for signing the bill, despite what he called “serious reservations” about its provisions that regulate the detention, interrogation and prosecution of suspected terrorists; and what his signing statement, accompanying the bill, said. Mariner notes that at this point, Obama is responsible for three key steps in America’s entrenchment of indefinite detention without trial: (1) justifying indefinite detention in litigation opposing the release of detainees held at Guantanamo; (2) issuing an executive order on indefinite detention; and (3) signing the NDAA. Mariner chronicles the road that took America to the passage of the NDAA, detailing the contributions of the Bush and Obama Administrations. In addition, she considers the most controversial aspect of the NDAA: its supposed allowance of the indefinite detention even of American citizens. Finally, Mariner notes that any fair reading of the NDAA ought to include a set of basic points, which she explains; and calls for a repeal of the NDAA’s detention provisions, as well as for the closure of Guantanamo.

The NDAA Explained: Part One in a Two-Part Series of Columns on the National Defense Authorization Act

Justia columnist and Hunter College Human Rights Program Director Joanne Mariner explains and comments on the highly controversial National Defense Authorization Act (NDAA), which has passed the House and Senate and is now awaiting President Obama’s signature. As Mariner notes, the NDAA’s provisions on indefinite detention earlier caused President Obama to threaten to veto the bill, but now President Obama appears poised to sign the bill’s current version—based on his claim that it affords the president substantial discretion on how the law will be implemented. But, Mariner points out, numerous human rights groups, civil libertarians, and Members of Congress still find the bill extremely objectionable in this current version. In this two-part series of columns, Mariner provides background on the recent history that is relevant to the bill; describes what the often-mischaracterized provisions of the bill actually say, and whom they affect; and focuses, especially, on the sections that have caused human rights groups the greatest concern.

Human Rights Scholars and Human Rights Professionals: Time to Talk?

Justia columnist and Hunter College Human Rights Program Director Joanne Mariner describes a schism between human rights scholars, on one hand, and human rights professionals, on the other. On the good side, Mariner notes, both scholarship and practice in human rights have thrived over the last two decades—and yet, she contends, there is a troubling disconnect between the two. Mariner’s own survey found that human rights professionals see a wide—even, to some, “enormous”—gap between theory and practice, and rarely read academic articles on human rights. The professionals complained, among other points, that the academics were encouraged to come up with counterintuitive theories, when often the intuitive ones were far closer to the mark. In turn, Mariner notes, the academics might rightly charge that the professionals fear that too much analysis of a problem will impede or delay effective action, as in “Hamlet,” when in fact sustained thought about a human rights issue could bear significant fruit. She thus calls on the two groups to engage more deeply with each other’s work, to the benefit of both. Finally, Mariner offers some specific suggestions as to how such engagement could effectively occur.

An Endless War on Terror

Justia columnist and Hunter College Human Rights Program Director Joanne Mariner comments on the aggressive new War on Terror bills currently pending in Congress. With Osama Bin Laden dead and all the living alleged 9/11 perpetrators in custody awaiting trial, Mariner notes that the bills’ timing seems odd. She also contrasts the long-lasting War on Terror with the events of the post-World-War-Two period in American history. If the bills that are pending pass, she explains, they will go significantly beyond prior War on Terror policies, which were already broad to begin with. Mariner describes the bills as dangerous and irresponsible, and points to the irony that Congress can make bipartisan compromises in the fraught area of counterterrorism, but not when it comes to sorely needed economic measures. If the bills pass, Mariner reports, they will essentially make Guantanamo permanent, embrace detention without trial—which had previously been seen as un-American—and make the military the presumptive detaining and prosecuting authority in certain categories of cases. Mariner points out that even the Bush Administration tried and convicted many terrorism suspects in federal court, rather than resorting to military justice. Finally, she expresses hope that President Obama will veto the bills, as he has threatened to do.

After Qaddafi

Justia columnist and Hunter College Human Rights Program Director Joanne Mariner comments on the death of Qaddafi. She notes that Libyans generally do not seem bothered by the fact, or the gruesome manner, of Qaddafi’s death, in light of the atrocities he had perpetrated upon their people. In addition, Mariner raises the important and timely question of what we can now expect from Libya's interim government. She notes that if the killing of Qaddafi was the result of the new government’s inability to control its troops, then that is very worrying indeed for Libya’s future—perhaps even more worrying than a scenario in which the new government directed Qaddafi's killing. Mariner also warns that while Qaddafi is dead, Libya’s human rights problems are very much alive—and thus, the impartial investigation into Qaddafi’s death that ought to now be conducted may be nothing more than a faint hope.

Military Commissions Resurgent

Justia columnist and Hunter Human Rights Program Director Joanne Mariner comments upon the return of military commissions, which she describes as the latest in a string of victories for congressional Republicans who seek to bring back Bush-era “war on terror” policies—while seeking not only to keep Guantanamo open, but also to increase the number of persons detained there. Mariner argues that the Obama Administration ought to fight hard against such compromises of rights, but notes that it is not clear yet whether the Administration will take that stance. As Mariner explains, the test case here, which may signal the Administration’s future approach, is that of Lebanese citizen and alleged Hezbollah commander Ali Mussa Daqduq, who has been detained for crimes against U.S. military personnel in Iraq. Mariner contends that the federal courts, not military commissions, are the proper place to try terrorism suspects—with a strong record, under which (1) not a single genuine terrorist escaped conviction, and (2) the federal courts’ sentences generally proved to be longer than the military commissions' sentences.

A Decade of 9/11

Justia columnist and Hunter Human Rights Program Director Joanne Mariner suggests an answer to the following question: Ten years after the terrorist attacks that were said to have “changed everything,” what has actually changed in the protection of human rights, and how did these changes take place? Mariner isolates five distinct periods of government policy, as it has evolved over the post-9/11 years: (1) the directly post-9/11 era of unchecked abuses (especially by the CIA), which was sparked by the post-9/11 Bush Administration claim that the U.S. was waging a war on terror; (2) the era of retrenchment and reassertion, when the Bush Administration was put on the defensive; (3) the attempt, during the last years of the Bush Administration, to establish a legal foundation for its “war on terror” actions; (4) the initial, but short-lived, Obama Administration push to reverse the Bush Administration's approaches; and (5) the current Obama Administration policy era—when, Mariner contends, because President Obama has a more liberal image and generally more liberal politics, he can not only adopt certain abusive policies, but he can also normalize them in a way that President Bush never could have done.

When Qaddafi Was Our Friend

Justia columnist Joanne Mariner, an attorney and the head of Hunter College’s Human Rights Program, comments on the end of Muammar Qaddafi’s rule, and reminds readers that for much of the past decade, the United States actually saw Qaddafi as a friend, rather than an enemy. Mariner points out that during the Bush years, Qaddafi’s human rights violations were not simply overlooked but actually exploited, as Condoleezza Rice, in 2006, encouraged others to see Libya’s leadership as a model to follow. Mariner covers the connection between Libya and the CIA, and Libya and the practice of rendition, and explains how statements, made under torture, from a man who was detained in Libya and elsewhere led to the claim of a relationship between Saddam Hussein and al-Qaeda.

David Hicks’s Guantanamo Memoir

Justia columnist Joanne Mariner, an attorney and the head of Hunter College’s Human Rights Program, comments on the memoir of David Hicks, an Australian who was incarcerated at the United States’ Guantanamo Bay detention facility for five-and-a-half years. Mariner notes that Hicks’s Guantanamo memoir is now one of many such works that detail interrogation practices and detention conditions at the facility. She also points out the book has recently made headlines due to the Australian government’s attempt to confiscate the royalties Hicks earned from his publisher, citing Australia’s Proceeds of Crime Act. Mariner notes the parallel between that Act and the United States’ “Son of Sam” laws, which the U.S. Supreme Court has occasionally held to be in violation of the First Amendment, and she explains other troubling aspects of the attempt to apply Australia’s Act to Hicks.

Starvation in Somalia

Justia columnist Joanne Mariner, an attorney and the head of Hunter College’s Human Rights Program, discusses the ongoing humanitarian emergency in Somalia. Mariner explains that with tens of thousands of people having already died of starvation, and half a million children now at risk of dying, the situation is dire and pressing. She sets forth some of the key reasons that aid organizations are finding it difficult to provide assistance in the country—from fighting in the capital; to the aggressive tactics of the militant group that controls much of Somalia, Al Shabaab; to U.S. federal laws that that bar material assistance to that group (which is categorized by the United States as a terrorist group). Mariner details the substance and effect of the U.S. laws at issue, and the conundrum of attempting to get humanitarian aid into an area where it may be siphoned off by armed groups, and where even non-Americans can face U.S. prosecutions under the U.S. “material assistance” law. Finally, Mariner explains a new U.S. interpretation of the law at issue, which may somewhat improve the situation—but she also urges the U.S. to go further, in order to alleviate fears that humanitarian aid will be miscategorized as aid to terrorism.