SMRs and AMRs

Thursday, April 10, 2008

Camp Justice

Everyone wants to close Guantánamo, but what will happen to the detainees?
by Jeffrey Toobin April 14, 2008
The New Yorker

The future of the detention facility on the American naval base at Guantánamo Bay, Cuba, inspires an unusual degree of bipartisan consensus, at least in theory. All three remaining candidates for President, the Republican John McCain and the Democrats Hillary Clinton and Barack Obama, have called for Guantánamo to be closed. So have Condoleezza Rice, the Secretary of State, and Robert M. Gates, the Secretary of Defense; after touring Guantánamo in January, Admiral Mike Mullen, the chairman of the Joint Chiefs of Staff, said, “I’d like to see it shut down.” At a news conference in 2006, President Bush said, “I’d like to close Guantánamo.”

Still, Guantánamo is bustling. Although the number of detainees has fallen from a high of around six hundred and eighty to around two hundred and seventy-five, the base is gearing up for what could become a series of military commissions—criminal trials of detainees. The first is scheduled to begin in May. On a dusty plaza surrounded by barbed wire on an abandoned airfield, contractors are finishing a metal warehouse-type building, which will house a new, highly secure courtroom. On the former runways, more than a hundred semi-permanent tents have been erected, in which lawyers, journalists, and support staffs will work and sleep (six to a tent) during the trials. The tent city has been named Camp Justice. The Bush Administration, instead of closing Guantánamo, is trying to rebrand it—as a successor to Nuremberg rather than as a twin of Abu Ghraib.

The commission trials will be the latest act in a complex legal drama that began shortly after September 11, 2001. A few weeks after the attacks on the World Trade Center and the Pentagon, the United States invaded Afghanistan, and on November 13, 2001, President Bush issued an order establishing military commissions to prosecute war crimes by members and affiliates of Al Qaeda. On January 11, 2002, the first prisoners from Afghanistan reached Guantánamo, which was at the time a sleepy Navy facility used for refuelling Coast Guard vessels. The Bush Administration made it clear that it did not believe that the detainees were entitled to any Geneva-convention protections. Then as now, the Bush Administration asserted that they could be held until the “cessation of hostilities,” meaning not the war in Afghanistan but the “global war on terror”—that is, indefinitely.

(Continued here.)

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