First of all, the U.S. should not even own the base at Guantanamo. It was seized from Cuba after the Spanish-American War, and it represents a holdover from the era of imperialism a century ago. While almost every other colonial power has freed its possessions, the U.S. still clings to Guantanamo.
Having said that, President Obama’s executive order issued on March 7 represents a step forward. Since Congress in its craven mode passed a law that Guantanamo prisoners can’t be transferred to the U.S., civilian trials are no longer possible. Military trials, the next best option, will resume, although with greater procedural rights for the defendants. The President also ordered that all prisoners have their status reviewed within one year, and every three years after that to determine if they should be released or tried.
President Obama also will ask Congress to approve the portion of the Geneva Convention that relates to humane treatment and fair trials of prisoners of war. Secretary of State Clinton said this would “reaffirm the determination to treat humanely all detainees in our custody.” In spite of what “Deferment Dick” Cheney thinks, waterboarding was not humane treatment.
For a more complete account of the President’s executive order, see the New York Times, Mar. 7, “Obama, in Reversal, Clears Way for Guantanamo Trials to Resume.”
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