Boycott of Guantanamo Military Commissions

In 2006, after several detainees at the Guantanamo Bay detention camp faced formal accusations, Ali al-Bahlul launched a boycott against the judicial process. This refusal to participate escalated in 2008 when additional detainees were charged in the Guantanamo military commissions.

The ongoing boycott has significantly weakened the legitimacy of these tribunals and eroded trust in the Military Commissions Act of 2006. Prisoners have declined to engage with or acknowledge the military trials, citing concerns over partiality, mistreatment of detainees, and forced admissions. Following the boycott’s onset, public trust in the fairness of these hearings dropped considerably.

Defense attorneys from the U.S. military attribute detainee involvement primarily to peer pressure, as the protest is detainee-organized. In 2008, six accused individuals appeared before a judge; five openly stated their refusal to participate. The sole exception is Canadian detainee Omar Khadr, charged with throwing a grenade at age 15, who continues to cooperate. His legal representatives highlight his compliance to demonstrate he does not pose a threat. Khadr had initially joined the boycott in 2006 but later withdrew.

Detainees facing charges who have joined the boycott

• Ali Hamza Ahmad Sulayman al-Bahlul, charged with producing videos that glorify al-Qaeda operations
• Mohamed Jawad, accused of grenade throwing at age 17
• Salim Hamdan, alleged to have served as a chauffeur for Osama bin Laden, announced his boycott on April 29, 2008, after years of cooperating; he criticized the absence of justice and humanity within the proceedings and called for a fair trial under legitimate law