A Compelling Solution to Guantanamo Bay
Abstract
Congress must create a new federal court located at Guantanamo Bay to improve the U.S. image and give the detainees due process. The current system is flawed and must be replaced. There are 166 detainees still at Guantanamo Bay, and how the U.S. treats them has strategic implications for our foreign policy objectives. The current military system is negatively affecting at least three instruments of national power (diplomatic, informational, and law enforcement). Congress and the President are at an impasse. Federal courts have already reversed or vacated most of the convictions under the military commission system. Military prosecutors, judges, the American Bar Association, international rights groups and the international community have condemned the current process. Congress can specifically design this new federal court to deal with the unique situation presented by the detainees. This paper will examine the issues involved with the detainees and demonstrate why Congress should create a new federal court in order to remove the international stigma created by the current system and show the world that the U.S. will provide fundamental due process to even those who commit terrorists acts against America.
Document Details
- Document Type
- Technical Report
- Publication Date
- Mar 01, 2013
- Accession Number
- ADA589426
Entities
People
- Charles S. Sentell Iii
Organizations
- United States Army War College