不良研究所

Guantanamo: What comes next after closing?

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International law expert Diane Amann
International law expert Diane Amann

President Obama鈥檚 decision last week to shut down the Guantanamo Bay terrorist detention camp shows that America is changing its War on Terror strategy, 不良研究所 faculty say.

Kathryn Olmsted, a history professor who has written extensively about secret governments and conspiracy theories in America, said that after 9/11 many people throughout the world thought the U.S. considered itself above the law.

鈥淭he Bush administration alienated millions of people who initially felt great sympathy for America after the attacks,鈥 she said. 鈥淣ow President Obama is signaling that the U.S. government will play by the rules.鈥

鈥楽ymbolic act鈥

On Jan. 25, Obama signed orders to close the Guantanamo Bay detention center in Cuba within a year, overhauling U.S. treatment of terror suspects, reviewing military war crimes trials and outlawing the harshest interrogation methods. He still faces the tough decision of what to do with the terrorism suspects at the Cuban site鈥攃ritics worry that one day these suspects will be housed in American jails.

Whatever the future holds, Olmsted says that closing the camp is a 鈥渧ery important symbolic act鈥 that will result in greater adherence to international law by the U.S. She expects the Guantanamo Bay period to contrast sharply with America鈥檚 image in upcoming years.

Olmsted, the author of the 2008 book, Real Enemies: Con-spiracy Theories and American Democra-cy, World War I to 9/11, said that 20 years from now most Americans will regard the Guantanamo Bay saga as 鈥渁 time when America abandoned its proud tradition鈥 of the rule of law.

Law professor Diane Marie Amann last December observed Guantanamo military commissions proceedings on behalf of the National Institute of Military Justice. There is no denying, she says, the difficulty awaiting the White House on what to do with the 250 or so detainees.

Risks, revenge

鈥淓ven with careful study there will remain the risk that on occasion a released former fighter will return to the fight,鈥 said Amann, director of the 不良研究所 International Law Center. 鈥淚t is both a political and legal challege.鈥

There is a risk, too, that on occasion a man who was innocent when arrested will, after he is freed, try to exact revenge for years of unlawful detention, she said.

鈥淏ut such risks are inherent in any system devised to protect the public safety.鈥

Law school dean Kevin Johnson, a specialist in immigration and civil rights law, said that the Obama administration is confronting a thorny legal issue in how to handle the detainees. Indeed, how does one conclude who is a 鈥渢rue鈥 terrorist if evidence was possibly tainted by torture?

鈥淭his is an extremely difficult decision,鈥 Johnson said. 鈥淭he administration will have its work cut out for it in determining whether it is possible to pursue any sort of prosecution of detainees who were tortured.鈥

Some might argue that the question of how one devises a legal approach that squares with civil liberties and the need to protect the nation from terrorist danger is unresolved in the courts.

But Johnson says guidance for trying terrorists in the courts does exist.

鈥淲e have experience with criminal prosecutions with alleged terrorists in American courts,鈥 he said. 鈥淢any have been successful. We must ensure that any and all prosecutions comport with the dictates of the U.S. Constitution.鈥

He applauds Obama鈥檚 quick decision to reverse course on the jailing of terrorist suspects.

鈥淭hese are important decisions, showing a clear break from the policies of the Bush administration,鈥 he said.

As for Amann鈥檚 trip to Guantanamo Bay and how it felt on a human level, she said, 鈥淵ou get a strong sense of isolation because it is totally cut off from the rest of the world. And, there is a lot of barbed wire.鈥

To read Diane Amann鈥檚 blog, see intlawgrrls.blogspot.com and click on 鈥淒iane Amann.鈥 To read Kevin Johnson鈥檚 blog, see lawprofessors.typepad.com/immigration.

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Clifton B. Parker, Dateline, (530) 752-1932, cparker@ucdavis.edu

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