Close Guantanamo Bay.... please.
International calls for the closing of Guantanamo bay are building. Recently, Peter Hain, has joined the chorus of voices opposed to the existence of the prison. He quotes in this linked article, "I would prefer that it wasn't there and I would prefer it was closed." Also in the article is a quote from Tony Blair that I think encompasses his desire to express his opposition to the prison without going on record in direct opposition to the Administration. He says, "I've said all along... that it [the prison] is an anomaly and sooner or later it's got to be dealt with." It is a bit cryptic, but when Hain was asked if he thought that meant he wanted it closed, he said, "I think so, yes." Now keep in mind, Hain is the highly respected Secretary of State for both Wales and Northern Ireland, and has a strong record of support for both the Iraq war, and counter-terrorism measures. Kofi Annan has also gone on record opposing the continuing operation of the prison. He has not backed all the findings of the UN report that the Washington post reports on here. But Mr. Annan apparently agrees with a key point made by the commission that issued the report which is that... "a legal regime applied to these detainees seriously undermines the rule of law and a number of fundamental universally recognized human rights, which are the essence of democratic societies."
And I think that really is the point. No matter the reason, keeping these prisoners indefinitely without charge, or without giving them Geneva Convention protections, just plain looks bad. It is a smear on the record of the United States that dwarfs such trivial matters such as holding journalists without charge or legal representation. The issue of Guantanamo Bay has become the ultimate public relations nightmare for the Administration. Indeed it has become difficult to find advocates for the continued operation of the prison. Roger Fraley, who writes XDA, does his best to explain why the prison is justified in this article. His rhetorical thrashing of Paul Campos notwithstanding, Roger misses the mark by resorting to saying "...we are at war". If indeed we are at war, then these prisoners should be given Geneva Convention protection. But very simply, the Administration cannot afford to do this for a variety of reasons, but most importantly, they will not be able to comply with the Geneva Convention with regards to the Treatment of Prisoners of War because of Article 17 which includes this paragraph:
"No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to any unpleasant or disadvantageous treatment of any kind."
The reward system that the Administration follows clearly violates this provision. Prisoners are given rewards for giving information in the form of increased contact with other prisoners and time outside their cells. There are reports of torture from those who have been released. The Administration is using disadvantageous treatment to coerce information from the prisoners. Therefore, they cannot afford to extend provisions of the Geneva Convention to these prisoners.
As a result, they are not considered prisoners of war, but rather "enemy combatants" which by domestic law apparently allows for the detention of people with whom we are at war to be exempt from Geneva Convention protection. This linguistic ruse is not hard for anyone to see through, and I suspect that when the terms "prisoner of war" and "enemy combatant" are translated into certain other languages, the distinction between the two becomes even less clear.
Quite simply, legal arguments notwithstanding, the damage to the reputation of the United States caused by the continued operation of Guantanamo Bay Prison, far outweighs the security benefits of it's continued operation.
The prisoners there should be either 1. Released to their home countries provided the countries are either US allies or neutral. 2. Tried as "enemy combatants" and incarcerated appropriately. Or 3. Declared "prisoners of war" and be granted Geneva Convention protection.
Otherwise, the US calls for "legal protection for all", ring hollow, and the "War for the Hearts and Minds," will be lost.
And I think that really is the point. No matter the reason, keeping these prisoners indefinitely without charge, or without giving them Geneva Convention protections, just plain looks bad. It is a smear on the record of the United States that dwarfs such trivial matters such as holding journalists without charge or legal representation. The issue of Guantanamo Bay has become the ultimate public relations nightmare for the Administration. Indeed it has become difficult to find advocates for the continued operation of the prison. Roger Fraley, who writes XDA, does his best to explain why the prison is justified in this article. His rhetorical thrashing of Paul Campos notwithstanding, Roger misses the mark by resorting to saying "...we are at war". If indeed we are at war, then these prisoners should be given Geneva Convention protection. But very simply, the Administration cannot afford to do this for a variety of reasons, but most importantly, they will not be able to comply with the Geneva Convention with regards to the Treatment of Prisoners of War because of Article 17 which includes this paragraph:
"No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to any unpleasant or disadvantageous treatment of any kind."
The reward system that the Administration follows clearly violates this provision. Prisoners are given rewards for giving information in the form of increased contact with other prisoners and time outside their cells. There are reports of torture from those who have been released. The Administration is using disadvantageous treatment to coerce information from the prisoners. Therefore, they cannot afford to extend provisions of the Geneva Convention to these prisoners.
As a result, they are not considered prisoners of war, but rather "enemy combatants" which by domestic law apparently allows for the detention of people with whom we are at war to be exempt from Geneva Convention protection. This linguistic ruse is not hard for anyone to see through, and I suspect that when the terms "prisoner of war" and "enemy combatant" are translated into certain other languages, the distinction between the two becomes even less clear.
Quite simply, legal arguments notwithstanding, the damage to the reputation of the United States caused by the continued operation of Guantanamo Bay Prison, far outweighs the security benefits of it's continued operation.
The prisoners there should be either 1. Released to their home countries provided the countries are either US allies or neutral. 2. Tried as "enemy combatants" and incarcerated appropriately. Or 3. Declared "prisoners of war" and be granted Geneva Convention protection.
Otherwise, the US calls for "legal protection for all", ring hollow, and the "War for the Hearts and Minds," will be lost.