the C I V I T A S papers
Thursday, June 16, 2005
 
"for the duration of the hostilities"

In yesterday's WaPo, Attorney General Alberto Gonzales justified Guantanamo Bay (GTMO) because evidence exists that detainees released from the detention facility have returned to the fight against the United States. He said, "We can't release them and have them go back and fight against America."

Ed.With some due respect, Mr. Attorney General, I believe you have it backwards. The few detainees that have been released from GTMO, as a product of their detention, would have more reason to join the fight against the U.S. than before their detention. While I, of course, do not agree with the terrorists' cause; I do not believe that the current policy is preventing or discouraging Muslim men from joining terrorist organizations, rather it may encourage or justify their participation. Mr. Attorney General, that is the explanation for the fact that released detainees have joined the fight: GTMO itself -- not the release from GTMO -- is the cause for hatred of the United States.

The Attorney General argued in light of the fact that as many as a dozen have been killed or recaptured "on the battlefield," detainees would have to remain at GTMO "for the duration of hostilities."

This position demonstrates a significant problem.

First, there is no reason to believe that the "hostilities" will ever end. In fact, President Bush and his administration have made that point central to their cause: this new era of conflict will not be one characterized by the signing of a treaty on the ship of a U.S. Navy vessel, rather, it is may be, in one form or another ("hostility," perhaps one form), a permanent struggle.

Second, as long as GTMO (and its sister programs scattered about at "undisclosed locations," some under control of other nations at our behest) is operational, individuals are captured without discretion, detainees are held without charge or due process, and instances of abuse occur there will never be an end to hostility. The very existence of GTMO and the policies it represents perpetuates hostility and creates fresh hostility.

If and when our positive anti-terror actions and policies try to take root, the soil will be poisoned by the unregulated, unabashed, and unconscionable practices which GTMO hides and exemplifies in its existence. And, that, Mr. Attorney General, is unfortunate.

By the way... the Senate Judiciary Committee held a hearing on the issue of "Detainees" yesterday. The tone and substance of statements made by the Senators confirm that there is momentum building on the part of those who wish the administration would revise its policy or close GTMO altogether.



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