Bush vs. Obama Detainee Policy Post-9/11: An Assessment

Abstract

The record of the Bush administration in the aftermath of 9/11 includes the overthrow of the Taliban regime in Afghanistan, the disruption of al-Qaeda's power infrastructure, and the capture or killing of some of the terrorist organization's worst actors. However, on balance, it also included a violation of international as well as domestic legal standards related to torture, subjecting alleged terrorist prisoners to arbitrary indefinite detention and inhumane and degrading treatment; creating secret CIA-run prisons abroad; using unlawful rendition; and employing extensive international and domestic warrantless surveillance without court supervision. As a result, the Bush administration adversely affected our relationship with other nation states and defeated the goal of reducing anti-American sentiment in the global arena. After a brief review of detainee policies in the Bush administration, this article will focus on Obama administration policies and to what extent they have continued or reversed Bush-era policies. Specifically, attention will be given to the following issue areas: closure of the Guantanamo Bay detention facility, the Military Commissions Acts of 2006 and 2007, and prolonged detention of suspected terrorists.

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Document Details

Document Type
Technical Report
Publication Date
Jan 01, 2010
Accession Number
ADA521801

Entities

People

  • Leonard Cutler

Organizations

  • Air University

Tags

Communities of Interest

  • Energy and Power Technologies
  • Human Systems
  • Weapons Technologies

DTIC Thesaurus Topics

  • Afghanistan Conflict
  • Congress
  • Correctional Facilities
  • Court Martial
  • Department Of Defense
  • Employment
  • Governments
  • International Law
  • Judiciary
  • Law
  • National Politics
  • National Security
  • Personnel Management
  • Supreme Court
  • Terrorism
  • Terrorists
  • United States

Readers

  • Criminal Law
  • Government and Public Administration Law.
  • Strategic Security Studies