Padmanabhan, Vijay - short clip - GuantanamoAsACatalystForChange

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-	There's been a lot of circumstances	0:00
	in our country's history	0:01
	where civil liberties have been challenged,	0:02
	especially liberties of people who are of other groups,	0:06
	who are not Americans.	0:10
	Clearly identify, or in the Japanese Americans' case,	0:11
	were not identified as people	0:14
	thought of Americans at that time.	0:15
	So I think it will just fall	0:17
	into that list of things that happened.	0:20
	And I hope, and I'm only somewhat hopeful,	0:23
	that another thing that will have happened	0:27
	is that international law will hopefully grow	0:28
	from this experience,	0:31
	and develop better rules on detention questions, right?	0:33
	The area where growth is needed is,	0:38
	there doesn't need to be new rules about torture,	0:40
	that's already there.	0:41
	But there does need to be new rules	0:42
	about who can be detained	0:44
	in a conflict with a non-state actor.	0:45
	What process are they entitled to?	0:46
	When does the conflict end?	0:49
	What do we do where the home country	0:51
	has a poor human rights record,	0:53
	and that human rights record	0:55
	prevents us from sending them home?	0:56
	Those are all major areas	0:58
	where the law needs to catch up	1:00
	with the reality that's around us.	1:03
	And so I hope that somebody	1:05
	will look back at this 30 years from now, 50 years from now,	1:06
	and say that while we had all these problems for 10 years,	1:10
	they were catalysts for this legal development,	1:14
	so the next time this conflict happens,	1:17
	there are good rules.	1:19
	And the president can decide,	1:20
	"Okay, we'll just follow what we've always done,	1:22
	"which is provide this kind of hearing,	1:23
	"limit detention authority of these sort of people,	1:26
	"this is when we release them,	1:29
	"this is the system we use when we can't send them home,"	1:30
	and, you know, they have a good set	1:33
	of answers to these questions.	1:34

Item Info

Title:

Padmanabhan, Vijay - short clip - GuantanamoAsACatalystForChange

Date:

April 14, 2012

Interviewer:

Honigsberg, Peter Jan

Interviewee:

Padmanabhan, Vijay

Role:

Government

Description:

This interview may include descriptions of violence.
State Dept. Chief Counsel
Vijay Padmanabhan, male, age 34, worked in the U.S. State Department (2003-2008) as lead counsel on law of war litigation, collaborated with the Justice Department on Supreme Court cases, and led an inter-agency policy coordination committee on U.S. detention policy in the conflict with al Qaida.
Description was provided by Witness to Guantanamo.

Subject:

United States

Format:

oral histories

Language:

English

Extent:

1:25:23

Digital Collection:

Witness to Guantanamo

Source Collection:

Witness to Guantanamo Video Collection, 2009-2017

Rights:

Limited Re-Use

CC BY-NC-ND 4.0

Rights Note:

Unless otherwise noted, copyright is held by Peter Hongisberg. Under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International license, you are free to use and share these materials subject to the following conditions: You must attribute Peter Hongisberg as the rights holder. You may not use the material for commercial purposes. You may not distribute any modifications to the materials. For other uses, including commercial uses, please contact Rubenstein Library at http://library.duke.edu/rubenstein/ask.

Identifier:

3df1ea5696757836c4c353de35cacac1
witnesstoguantanamo
ark:/87924/r4bc41g62
436c5233-a1ad-42a5-866a-551c9f462b71

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https://idn.duke.edu/ark:/87924/r4bc41g62

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Padmanabhan, Vijay - short clip - GuantanamoAsACatalystForChange

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