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Essay
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Syria
Wielding terror and fear in the absence of credibility, extrajudicial detention is a defining strategy of political terror. In this comprehensive survey of the tactics of illegal detention employed by the American, Israeli, and Assad regimes, enforced disappearance emerges as the swan song of decaying empires on the brink of collapse.

"Periplo - Safe Migration" (2024), 18 laser cut modules of polyester felt, 300cm each. Courtesy of Jacobo Alonso.

Damnatio Memoriae

In his Prison Notebooks, Gramsci describes the interregnum of a dying civilization as it gives birth to a new state order. “Now,” he writes, “is the time of monsters.” In our time of monsters, enforced disappearance reemerges as an extrajudicial tool for “extraordinary” times. Such Orwellian simplicity belies the systematic practice of one of the worst crimes of the twenty-first century. Millions of people across the globe have disappeared in political terror schemes as part of a practice that has only increased over the last few decades, tied to the wars of the current era. Enforced disappearance is a crime distinct even from arbitrary detention or mass incarceration–rather than leveraging the known carceral architectures of the state, enforced disappearance relies on parallel hidden networks created to remove someone entirely from visibility. 


The International Convention for the Protection of All Persons from Enforced Disappearance formally defines the practice as: the “arrest, detention, abduction, or any other form of deprivation of liberty” by state or para-state agents followed by the state’s “refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law.” There are no exceptions to this protection under international law. The practice of enforced disappearance, when widespread or systematic, constitutes its own independent crime against humanity.


While kidnapping by the state is deemed extrajudicial—exceeding boundaries of the law and the ordinary—the state, in emergency, engages in the conspiracy to kidnap with impunity. Total wars waged by imperial powers abroad, dictatorial regimes within, and occupying powers against indigenous populations deploy enforced disappearance as a defining strategy of political terror. Three contemporary cases exemplify, even define, each horrific model: the U.S.’s global war on terror, the Assad regime in Syria, and the Israeli genocide in Gaza. 


In each case, the carceral architectures of the state or occupying power expanded grossly in wartime settings to conduct systematic disappearance campaigns against tens and hundreds of thousands of people. Such campaigns were inevitably, and by design, tied to a litany of other crimes including torture, sexual violence, arbitrary detention, collective punishment, and extrajudicial killing. Collectively, they represent among the worst cases of enforced disappearance in this century. 


An Archipelago of Disappearance: the U.S. Global War on Terror 


In 2001, the United States launched its ‘global war on terror,’ initiating a new mode of warfare for the many imperial wars and military campaigns fought thereafter, including the U.S. invasions of Iraq and Afghanistan, and the expansive military campaigns undertaken in the Middle East, North and East Africa, and Southeast Asia. As part of this global war, the U.S. developed a conglomerate of overseas carceral architectures to facilitate the capture and detention of individuals across territorial borders or even arenas of war. The physical infrastructure of these architectures were created in tandem with new legal arguments inventing new categories of persons—i.e., the “unlawful combatant”—to systematically deprive those taken of their fundamental rights and protections. 


In Iraq and Afghanistan, these structures took on more traditional forms of carceral architectures under foreign military occupation: military detention camps, internment facilities, and converted prisons run by U.S. and coalition forces. Hundreds of thousands of Iraqis and Afghans, overwhelmingly civilians, were captured and held indefinitely without charge. One report puts the total number of Iraqis arrested in the first five years of the invasion alone at 200,000, of whom 96,000 spent time in U.S.-run prisons and camps. Their capture under the new “unlawful combatants” regime stripped them of age-old prisoner of war protections under the Geneva Conventions. Arbitrary detention, torture, abuse, and sexual violence were widespread and systematic in these prisons, cemented in infamy by Abu Ghraib in Iraq and Bagram in Afghanistan. ‘De facto’ disappearance, first termed in a 2004 ICRC report, was endemic to the mass detention campaigns undertaken by U.S. forces, who rarely informed the detained individual or their family where or how long they would be taken.   


Beyond the localized carceral architectures in Iraq and Afghanistan, the United States, as part of a broader war aim superseding delineated boundaries and war zones, created new extraterritorial carceral architectures to facilitate the forcible disappearance of hundreds of Muslim men and boys. Perhaps no site symbolizes this more than the notorious penal colony in Guantánamo Bay. Yet it was not the only one. Between 2001 and 2009, the CIA Rendition, Detention, and Interrogation Program ran a transnational network of covert prisons, known as black sites, for the secret detention and brutal torture of men captured in the “war on terror.” Euphemisms served as a doublespeak to conceal a secret disappearance scheme of an unprecedented transnational scope. “Rendition” was the act of enforced disappearance, “detention,” secret and incommunicado, and “interrogation,” simply torture.


The locations of the secret prisons remain classified. Information that has been declassified is enough to paint a macabre network of torture sites across the world. Some sites were run entirely by local “host” nations, some collaborated with local security forces, and others remained under exclusive American control on foreign territory. Men captured and transferred to CIA custody were “rendered” across black sites, in what a Guantánamo defense lawyer once described as an “international criminal enterprise” of human trafficking between foreign “torture pits.” According to the U.S. Senate report on torture, at least 119 men were known to have been held in the CIA torture program. Torture in the black sites, authorized by secret legal memos written by the U.S. Department of Justice, took on perverse and methodical forms including waterboarding, sleep deprivation, walling, sodomy, mock executions, and pure human experimentation. At least one detainee died in CIA custody; no exact number is known. An untold number of individuals died in U.S. custody elsewhere in Iraq and Afghanistan.


Then there is Guantánamo, the most infamous and enduring piece of the extraterritorial carceral architecture created in the U.S.’s global war on terror. A prison island—or, more accurately, an American penal colony on Cuban territory—the military detention camp encompassed the most diverse population of Muslim men and boys captured by U.S. or allied forces and disappeared across seas. Nearly eight hundred men from 48 countries were held in Guantánamo. When the prison first opened in 2002, only the nationalities of prisoners were disclosed. In 2004, the U.S. began revealing the names of the men and boys held, propelling efforts by international organizations, monitoring groups, and civil society to represent the men and contact their families. Testimony by survivors reveal the physical and psychological torture endemic to the first several years of the camp. Two decades of domestic and global backlash, litigation, and advocacy campaigns forced the release of most of the men. Twenty-seven prisoners still remain, including sixteen approved for transfer and three “forever prisoners.”


Each carceral site or network in Iraq, Afghanistan, Cuba, or undisclosed locations across the world did not operate in isolation. Rather, they formed parallel and at times intersecting networks under the U.S.’s global war on terror. Many Muslim men captured and held in the U.S. military detention center in Bagram, Afghanistan, or tortured in CIA black sites, for example, were sent to Guantánamo. For many, the revolving door between carceral institutions across nations continued even after release. 


In this era, the U.S. pioneered powerful models of war and propaganda to conceal and acquit a disappearance and torture campaign amounting to war crimes and crimes against humanity under international law. Their proclaimed success foretold models others sought to follow. 

"Apátrida / Stateless" (2024), performance, isothermal emergency flag, 210x180cm. Courtesy of Jacobo Alonso.
"Apátrida / Stateless" (2024), performance, isothermal emergency flag, 210x180cm. Courtesy of Jacobo Alonso.

Annihilation and Enforced Disappearance in Syria Post-2011


Enforced disappearance has deep roots in Syria, practiced for decades under the Assad regime of both father and son—Hafez and Bashar al-Assad. Political dissidents, activists, and their relatives were routinely disappeared in secret intelligence and military prisons across Syria. These numbers first climaxed in the late 1970s and early 1980s under the reign of Hafez al-Assad, when tens of thousands of Syrians were disappeared in a systematic campaign culminating in the Tadmur prison massacre of 1980 and the Hama massacre of 1982. By then, Syrian prisons had gained a reputation for depravity, torture, and extrajudicial killings in an Arab world dominated by carceral states. The regime, entrenched in permanent ‘emergency’ doctrines and past successes quelling rebellion, was primed to respond existentially to any threat to its rule.


In March 2011, a popular revolution arose in Syria, as Syrians joined the wave of Arab revolutions unfolding in the region. The response of the son mimicked the father: a total campaign of arrests, indiscriminate killings, siege, and collective punishment. In post-2001 fashion, Bashar borrowed the discourse du jour of an existential ‘war on terror’ necessitating extreme violence to ensure internal state survival. The results of the ensuing war were catastrophic: at least 350,000 Syrians were killed, 14 million displaced, and 155,000 forcibly disappeared.


In this war, enforced disappearance became a primary tactic of state political terror and collective punishment. An integrated military-intelligence regime targeted civilians for mass arrest and torture. Hundreds of thousands of men, women, and children were kidnapped during protests, at military checkpoints, schools, hospitals, and from their homes, held incommunicado, and subject to horrific physical and psychological torture, including rape and sexual violence. The carceral architecture of the state expanded vastly to absorb the sheer volume of detainees. Military field courts issued interminable prison sentences and thousands of extrajudicial death sentences in secret trials lasting minutes. Sites like Tadmur military prison, closed in 2001, were reopened in 2011 to hold new populations of prisoners.


The disappeared did not vanish in the fog of war. Smuggled documents, photos, and testimonies by survivors, defectors, and witnesses alike prove a meticulous record of the regime’s own systematic disappearance scheme. As early as 2014, the ‘Caesar’ photographs revealed over 28,000 pictures smuggled out by a military forensic photographer tasked with documenting the deaths of those killed in regime detention centers. The pictures evidence a perverse organizational scheme run by the state with bodies clearly marked by torture. State documentation and witness testimony elsewhere further uncovered the secret network of military hospitals, military-intelligence branches, ad-hoc detention sites, and prisons responsible for directing the arrest, torture, and killings of hundreds of thousands of civilians. 


In 2016, Amnesty International collaborated with Forensic Architecture to create the first 3D model of one such site: the infamous death chambers of Saydnaya Military Prison, where a then-estimated 13,000 prisoners were executed. Silence imposed on prisoners held in Saydnaya became a crude weapon of torture by the regime. Digital reconstruction of Saydnaya relied on architectural and acoustic modeling based on interviews with four survivors in a counter mapping effort that sought to break down both the physical and psychological architecture of silence imposed by disappearance. It was a powerful disruption to a structure that, until mere weeks ago, was impervious to time or human cost.


The regime, backed by an impunity ‘won’ territorially in a war of annihilation, began issuing hundreds of death certificates for prisoners disappeared years earlier. Families who received the certificates were denied access to their bodies or any other means of verification. Enforced disappearance became its own phenomenon in Syria, spurring countless UN reports and proposed mechanisms that were all but paralyzed in achieving any resolution or accountability. In November 2023, the International Court of Justice issued a ruling against Syria, recognizing enforced disappearance as a violation of the Convention Against Torture, but fell short of ordering specific measures such as providing information of detainees’ whereabouts or allowing access to independent monitors. Elsewhere in Europe, former Syrian detainees and families of the disappeared pursued new avenues of accountability to bring individual perpetrators to account. In 2020, the first trial dealing with state torture in Syria took place in Germany against two former state officials who were convicted of crimes against humanity for their role in overseeing torture, sexual violence, forced imprisonment, and extrajudicial killings. 


As the fight for Syria’s disappeared stagnated, a Syrian rebel offensive launched in late November radically shifted the territorial status quo, culminating in the overthrow of the Assad regime ten days later. The liberation of each city was marked by the liberation of each prison within it, a metaphor physically upended by the breaking of each cell door. Once at Saydnaya, excavation teams worked for days to secure the release of the remaining detainees, some in levels below ground, captivating a nation scrambling to find their loved ones. Even now, the fate of over 100,000 detainees remains unknown


Enforced Disappearance As Genocide: Gaza After October 7


In Palestine, carcerality fundamentally underpins Israel’s settler-colonial project. Military occupation and an expansive apartheid regime form the larger prison within which the physical carceral architecture organizes the mass incarceration of hundreds of thousands of Palestinians. Since 1967, over 850,000 Palestinians have been arrested and imprisoned under the auspices of the Israeli military judicial system, the central mechanism of the occupation ruling over the West Bank and Gaza. Under this system, civilians are routinely arrested and tried according to an expanding set of Israeli military orders in military courts at a conviction rate of over 99%. Hundreds more are held indefinitely without charge or trial under administrative detention. 


It is a system bound up in innumerable individual human rights violations—arbitrary detention, fair trial violations, torture, forced deportation, the systematic prosecution of children—amid larger war crimes and crimes against humanity. One of them is the crime against humanity of apartheid. International human rights organizations and UN reports all describe dual legal regimes—military courts for Palestinians and civilian courts for Israeli settlers—that systematically privilege one racial group over another in a broader policy of domination and control under an apartheid regime. Other war crimes include the widespread prosecution of Palestinian civilians in military courts, the intentional deprivation of their right to a fair trial, the deportation of the occupied population to prisons and detention centers in the occupying power, and torture.


Enforced disappearance comprises yet another feature of the Israeli carceral regime. Disappearance predates the creation of the military judicial system in 1967 and continued as an intermittent practice over the next several decades, often disguised by a patchwork of legal frameworks. In 2002, the Israeli Knesset passed the Unlawful Combatants Law, modeled after its U.S. post-9/11 predecessor, to retroactively legitimate the indefinite detention of Lebanese hostages. Three years later, the same law was applied to Palestinians from Gaza, enabling periods of secret and indefinite detention constituting de facto disappearance. More sinisterly, it laid the legal and structural groundwork for the total war on prisoners waged today.


In retaliation to the breach of Gaza’s open-air prison on October 7, the Israeli regime issued a series of orders dramatically expanding its carceral architecture as it launched its genocidal war on Gaza. Palestinian prisoners held in Israeli prisons were cut off from almost all outside contact as conditions drastically deteriorated, prisoner abuse escalated, and Israeli occupation forces ramped up arrests across the occupied territory. Emergency amendments to the 2002 Unlawful Combatants Law broadened the scope of secret detention, which Israeli authorities immediately leveraged against the Gazan population. 


New secret military detention camps were erected exclusively to detain Gazans: Sde Teiman in the south and Anatot near Jerusalem. Elsewhere at Ofer Military Prison, Gazan detainees were cordoned off to open-air tent camps and the secret wing of Section 23, held incommunicado, and hidden even from the larger Palestinian prisoner population. Beyond the known existence of these three sites, Israeli occupation forces disappeared thousands of Gazan men, women, and children across makeshift military barracks, settlements, prisons, hospitals, and open fields. The new clandestine regime served as an appendage to Israel’s larger carceral architecture.


Whistleblower reports and testimonies by former detainees point to an integrated network of horrific torture camps across Palestine’s occupied geography. Among them, Sde Teiman stands as an emblem of the torture and abuse of Palestinian detainees, acquiring the same diseased colonial reputation of Abu Ghraib. Palestinians held in Sde Teiman are kept blindfolded in barbed wire ‘pens,’ starved, severely beaten, and subject to interrogations and torture that include electrocution, sexual violence, rape, waterboarding, and medical experimentation. In an adjoining ‘field hospital,’ injured Palestinian detainees were tied to hospital beds and practiced on by medical staff. Elsewhere across Israeli prisons and detention camps, Palestinian prisoners were subject to the same practices of torture, starvation, and deliberate medical negligence.


The crime of enforced disappearance is central to the larger crime of genocide, a conclusion outlined months ago by Palestinian human rights groups and echoed in Amnesty’s latest report. Disappearance, like genocide, is practiced methodically: the population of Gaza is physically tagged, catalogued, and, if not forcibly displaced or killed, disappeared to unknown sites. Numbers accounting for the full magnitude of these crimes are still unknown, ranging between the tens and hundreds of thousands. They are, at the time of this writing, enduring crimes of no known boundaries. In October 2024, shortly after Israel launched its full war on Lebanon, a new amendment to the Unlawful Combatants Law designated two new military camps for detention in the north, prompting concerns they may be used to hold Lebanese detainees. This is the circular expansion of a law that first sought to legitimate the enforced disappearance of Lebanese detainees twenty-two years ago and which commandeers the legal architecture of disappearance today. The fate of the disappeared and detained remains central to ceasefire negotiations and emerging forums of accountability.


"UN-Safe Migration" (2024), Polyester felt and laser cut fabric installation. Courtesy of Jacobo Alonso.
"UN-Safe Migration" (2024), Polyester felt and laser cut fabric installation. Courtesy of Jacobo Alonso.

The disappeared, in their absence, loom large over the present. Impunity granted to one political terror scheme emboldens another, cementing permanent states of emergency and creating varied national, transnational, and extranational architectures of disappearance. They are examples of a twenty-first century reality with the potential to produce even more destructive results, leveraging evolving surveillance technologies and age-old carceral traditions. It is an inevitability readily taken for granted; an inevitability, too, that serves the fear intended by these schemes. 


And yet, the enormity of resources required to sustain the secret disappearance of tens of thousands of people ultimately fail under their own grandiosity. The secrecy and structures of such crimes are untenable, even as they undeniably produce incalculable human loss. Our current moment only proves their frailty. Across the globe, the edifices of once horrific sites are being quietly shuttered by the state or actively dismantled by popular forces in the face of enduring local and global resistance. As Guantánamo turns twenty-three this month, another eleven Yemeni detainees held without charge were transferred to Oman, leaving only fifteen men remaining. In Palestine, the fight for tabyeed el-sujoun—to ‘cleanse the prison walls’—is carried on across all fronts by resistance groups, civil society, and transnational coalitions, including prisoners’ coalitions in the U.S. The breaking of prison doors in Syria, inspiring renewed efforts in places like Egypt, now beckons the daunting task of what comes after. New modes of documentation, accountability, and rehabilitation seek to tackle the crime of disappearance, with a particular focus on the survivors and families of the disappeared. The future of these structures, whether carcerality may emerge in new forms, will always remain a threat to the hard-won achievements of the present. Nevertheless, a rupture of a sort has begun, and the seam must be unraveled to its end.

SUB-HEAD

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Essay
Syria
Enforced Disappearances
Disappearance
Dissent
Discourses of War
Forced Disappearance
Guantanamo Bay
Gitmo
Alienation
Archive of Absence
Archive
Assad Regime
Israeli Regime
Sedneya
Sednaya Prison
Sde Teiman
detention
carcerality
9/11
post-9/11 world order
prisoner's coalitions
Hama
War on Terror
War Crimes
CIA
Abu Ghraib
unlawful combatant
Muslim
Invisibilizing Muslims
West Bank
Gaza
Palestine
fair trial
unfair trial
Unlawful Combatants Law
Anatot
Nageb
Ofer Military Prison

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22nd
Jan
2025

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On That Note:

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