The Periodic Review Board (PRB) appears to be broken. Since President Trump’s inauguration 21 months ago, the PRB—often described as a parole-like body established to determine whether an individual may be transferred from the detention facility at Guantanamo Bay—has become a one-way ratchet, only ratifying continued detention and never recommending release. This is not to say the PRB has recommended continued detention for all the detainees whose cases it has reviewed since February 2017.
Benjamin R. Farley is a trial attorney and law-of-war counsel at the U.S. Department of Defense, Military Commissions Defense Organization. He is assigned to the team representing Ammar al-Baluchi, one of the five co-defendants in the 9/11 conspiracy case who face capital charges before the military commission at Guantanamo Bay, Cuba. From 2013 until 2017, he served as a senior adviser to the special envoy for Guantanamo closure at the U.S. State Department. A 2012 Presidential Management Fellow, Farley received a J.D. with honors from Emory University School of Law, where he served as the editor-in-chief of the Emory International Law Review. He also holds an M.A. in international affairs from the Elliott School of International Affairs at the George Washington University. Farley has published on topics including sovereignty, statehood, and international humanitarian law in various law and policy journals such as the Michigan Journal of International Law, the Fordham International Law Journal, and World Politics Review.
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