The first practical question is where to transfer Khalid Sheikh Mohammed and the 245 or so other remaining Gitmo prisoners. Dangerous enemy combatants can't simply be released into the streets. The Obama camp says that after reviewing the classified files, it will try to repatriate as many as safely possible. But 60 already cleared for release remain because they may be persecuted by their home countries. And even Mr. Obama's vaunted diplomacy is unlikely to convince rights-protecting countries to resettle people he believes are too dangerous to release in the U.S. -- and the more willing Mr. Obama is to release prisoners, the more difficult this problem will become.
One suggestion is moving the remaining prisoners to Kansas's Fort Leavenworth, but state politicians are already sounding a red alert. The military base is integrated into the community and, lacking Guantanamo's isolation and defense capacities, would instantly become a potential terror target. Expect similar protests from other states that are involuntarily entered in this sweepstakes.
In any event, this option merely relocates Guantanamo to American soil under another name. The core challenge is not a matter of geography but ensuring a stable legal framework for detaining and punishing fighters engaged in unconventional warfare against the U.S.
In the Military Commissions Act of 2006, the Bush Administration and Congress painstakingly set thresholds for who can be detained and under what rules. Mr. Obama argues that work was flawed and that the trials should not continue in their present form. But he also said in his ABC sitdown that he wants to create "a process that adheres to rule of law, habeas corpus, basic principles of Anglo-American legal system, but doing it in a way that doesn't result in releasing people who are intent on blowing us up."
Sounds great. But this "balance" is difficult to strike because many of the Guantanamo prisoners haven't committed crimes per se but are dedicated American enemies and too dangerous to let go. Other cases involve evidence that is insufficient for trial but still sufficient to determine that release is an unacceptable security risk.
Adéu a Nihil Obstat | Hola a The Catalan AnalystDesprés de 13 anys d'escriure en aquest bloc pràcticament sense interrumpció, avui el dono per clausurat. Això no vol dir que m'hagi jubilat de la xarxa, sinó que he passat el relleu a un altra bloc que segueix la mateixa línia del Nihil Obstat. Es tracta del bloc The Catalan Analyst i del compte de Twitter del mateix nom: @CatalanAnalyst Us recomano que els seguiu.
Moltes gràcies a tots per haver-me seguit amb tanta fidelitat durant tots aquests anys.
dijous, 22 de gener de 2009
Obama i Guantánamo
Lluitar contra el terrorisme és senzill quan s'és candidat, diu el Wall Street Journal:
Publicado por NO a les 1:49 p. m.