Guantanamo Bay: Undermining the Global War on Terror
Abstract
Prosecution of the war on terror has resulted in the detention of some 650 citizens from over 40 countries at military facilities on the U.S. Naval Base at Guantanamo Bay, Cuba. Although the Bush administration has held firm to the position outlined by Vice President Cheney in 2001, the legality of this position continues to elicit worldwide commentary and, most recently, the interest of the Supreme Court. While the administration's position has a number of prominent defenders, much international expert opinion, some sharply critical, has weighed in on the other side. Justice Richard Goldstone, for example, stated in a BBC interview in late 2003 that "a future American President will have to apologize for Guantanamo." The question of how to deal with the detainees in the ongoing war on terror is, however, an extremely difficult issue that has generated deep rifts even within the administration. Following 9/11, the administration invoked extraordinary wartime powers to establish a new system of military justice that would match a very different type of conflict. As the administration sought to apply those powers, it became mired in problems it is still struggling to solve. This essay assesses the competing positions on the legal status of the detainees. First, it outlines why Guantanamo was chosen as a location for detainee operations. It then outlines the position on the prisoner of war (POW) status of the detainees and competing views on the due process protections that should be provided those charged with war crimes. It then discusses the wider effects the administration's policies in Guantanamo are having on the war on terror and concludes with recommendations for an alternative approach that would regain the initiative for the administration. It seeks to recapture much-needed international legitimacy, creating greater diplomatic space within which opportunities to harness broader international support and involvement in the war on terror can be pursued.
Document Details
- Document Type
- Technical Report
- Publication Date
- Jan 01, 2005
- Accession Number
- ADA530553
Entities
People
- Gerard P. Fogarty
Organizations
- United States Army War College