Defense lawyers for the five accused 9-11 conspirators petitioned a US military judge at Guantánamo Bay on Jan. 28 to preserve the prisons where the defendants were held as evidence. The defendants claim that they were tortured during their time held in secret CIA prisons. This is one of the many issues that are set to be litigated when pretrial hearings begin Monday at the war crimes tribunal taking place at the Guantanamo Bay US Naval Base in Cuba. Khalid Shaikh Mohammed, accused of planning the 9-11 attacks, is among those set to stand trial. Lawyers for the defendants have requested documents from the White House and Justice Department that authorized the CIA to move suspected al-Qaeda members across borders after 9-11 and keep them in secret prisons for interrogations. Defense lawyers will argue that the defendants were subjected to illegal pre-trial punishment. The prosecution maintains that it will not use any information in trial that was obtained through torture or other techniques that violate US or international law.

Argentina signed an agreement with Iran on Jan. 27 to create an independent Commission of Truth to investigate the 1994 bombing of the Buenos Aires Jewish community center. Argentinian courts have accused Iran of sponsoring the attack, which killed 85 people, and in 2007 Argentine authorities secured Interpol arrest warrants for five Iranians, including current Defense Minister Gen. Ahmad Vahidi. Despite strong objections by Israel, the US and the Argentine Jewish community, Argentina's Foreign Minister Hector Timerman, who is Jewish, and his Iranian counterpart Ali Akbar Salehi have been involved in a series of bilateral talks that began with their first meeting at the UN headquarters in New York in September.

The US Court of Appeals for the District of Columbia Circuit on Jan. 25 vacated the conspiracy conviction of Ali Hamza Ahmad Suliman al-Bahlul (HRW profile), former media secretary of Osama bin Laden. The DC Circuit ruled that the military tribunal that convicted al-Bahlul of conspiracy in 2007 erred because a Guantánamo prisoner could not be convicted of conspiracy unless his crime took place after 2006. The court explained that the Military Commissions Act of 2006 codified conspiracy as a war crime, but did not apply to crimes committed before the MCA was passed. Al-Bahlul was captured in 2001. The US has 90 days to appeal the DC Circuit's decision to the US Supreme Court.

UN Special Rapporteur on human rights and counterterrorism Ben Emmerson announced (PDF) on Jan. 24 that he will begin investigating the legality of the use of drone strikes. Emmerson said that after asking the US to allow an independent investigation of its use of targeted killings last year, there is still no consensus among the international community as to the legality of the conduct. He stated an investigation by the UN was necessary in order to establish clear international guidelines on the use of this and other emerging technology:

Prisoners in some Afghan-run detention facilities are still being beaten and tortured, according to an annual report (PDF) released Jan. 20 by the UN Assistance Mission in Afghanistan (UNAMA). UNAMA interviewed 635 conflict-related detainees in detention facilities across Afghanistan, finding that more than half of those interviewed had experienced maltreatment and torture. Fourteen different methods of torture were described, including prolonged and severe beatings with cables, pipes, hoses or wooden sticks, and suspension from the ceiling by the wrists or from chains attached to the wall so that the victim's toes barely touch the ground or he is completely suspended in the air for lengthy periods. Detainees were also threatened with sexual violence or execution. Torture generally took the form of abusive interrogation techniques by Afghan officials seeking information or a confession:

Pakistan's Foreign Affairs Minister Hina Rabbani Khar on Jan. 22 condemned US drone attacks as a violation of Pakistan's sovereignty and international law. Khar stated that the drone attacks are "counterproductive" and that she plans to discuss the issue with the US and its ambassador to Pakistan. Earlier this month, retired general Stanley McChrystal expressed similar concerns cautioning against the overuse of drone attacks and stating that their use breeds resentment around the world. US President Barack Obama, who personally approves each drone strike against suspected terrorists, is expected to sign off on a manual which will establish rules for the administration's targeted killing program. However, the administration's counter-terrorism manual will exempt drone strikes against al-Qaeda and Taliban targets in Pakistan from being bound by the new rules.

Former Liberian president Charles Taylor on Jan. 22 began his appeal in The Hague against his conviction and 50-year sentence for war crimes committed during the civil war in Sierra Leone. Taylor's 42-point appeal states that the the UN-backed Special Court for Sierra Leone (SCSL) made "systematic errors" in evaluating evidence and relied on hearsay testimony of the 94 prosecution witnesses as the basis for its fact-finding.

Malian security forces have killed civilians in the town of Niono in central Mali (Ségou region), Human Rights Watch (HRW) reported on Jan. 20. HRW said that Mali's army has been targeting ethnic groups associated with rebels in the north, particularly Tuaregs and Arabs. HRW called on Mali's government, as well as France and West African nations to ensure that civilians are protected from violence. During the ongoing fighting between the Malian government and Islamist rebels, HRW has accused both sides of committing human rights violations, and urged rebel groups earlier this week to release all child soldiers.