Political controversy surrounding the Guantanamo Bay detention facility has reignited this past week with President Obama’s decision to reverse a two year order that prevented new charges from being brought against prisoners while a review of detainee policy was conducted. In rescinding the 22 January 2009 executive order, President Obama is permitting Defense Secretary Robert Gates to bring new cases against suspects at the facility. Defending the administration’s decision, President Obama attempted to reinforce how important the rule of law is for the United States in succeeding at its endeavors:
“I strongly believe that the American system of justice is a key part of our arsenal in the war against al-Qaida and its affiliates, and we will continue to draw on all aspects of the justice system – including Article III courts – to ensure that our security and our values are strengthened.”
Though he is correct in his statement, this has become empty rhetoric from an individual that has gone from ‘closing the facility in one year’s time’ to ‘closing the facility at some point’. The negative impact and terrible consequences Guantanamo Bay has had on the United States, the Western world, the democratic process, and the rule of law cannot be ignored; continuing to detain individuals indefinitely without due process undermines the most basic principles of justice and undercuts the central tenants of human rights law. Justice Kennedy was corrected when he stated:
“What matters is the unchallenged and indefinite control that the United States has long exercised over Guantanamo Bay…Perhaps, where detainees are taken from a zone of hostilities, detentions without proceedings or trial would be justified by military necessity for a matter of weeks; but as the period stretches from months to years, the case for continued detention to meet military exigencies becomes weaker.”
Commentators have enumerated the reasons for closing Guantanamo Bay – symbolism of Muslim abuse, discontent from allies, blatant disregard for international law – yet have relied upon the politics of fear to legitimize the detention facilities continued use.
Read More
