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The decision deprives prosecutors of a key piece of evidence against Abd al Rahim al-Nashiri in the longest-running death-penalty case at Guantánamo Bay.

The Saudi defendant was waterboarded and subjected to other forms of torture by the C.I.A. in 2002 in a secret prison network.

The panel denounced the United States and seven other nations. It also called for the release of Abd al-Rahim al-Nashiri, who is accused of orchestrating the bombing of the Navy destroyer Cole.

Deterrence requires a credible military threat—and a force prepared for the grim realities of large-scale conflict.

34 GULF OF ADEN – Sailors aboard the guided-missile destroyer USS Winston S. Churchill (DDG 81) honored the 17 lives lost during the Oct. 12, 2000 attack on the guided-missile destroyer USS Cole (DDG 67) with a remembrance ceremony in the Gulf of Aden, Oct. 12. On Thursday Oct. 12, 2000, Cole pulled into Aden Harbor, Yemen, for a brief stop for fuel. Around 11:18 local time, a small boat carrying C4 explosives and two suicide bombers approached the port side of the destroyer and exploded, blowing a hole in the hull of the ship. Much of the blast entered a mechanical space be...