Late last night, President Obama signed the 2013 National Defense Authorization Act (NDAA) into law with provisions that restrict the transfer of Guantanamo detainees and further impede closure of the prison. Furthermore, nothing was done to correct provisions in last year’s NDAA that further entrench indefinite military detention, unfair trials, and the U.S. government’s “global war” framework, in U.S. law.
The “global war” framework— which holds that the U.S. government is engaged in a global, pervasive, never-ending “war” with al-Qaeda and other vaguely defined groups and individuals—was first articulated by the Bush administration and has been embraced by the Obama administration.
Expressed in the 2001 Authorization for Use of Military Force and reaffirmed in the 2012 NDAA, this “global war” doctrine is used to justify everything from killings with drones to detention without charge at Guantanamo to renditions (still happening, according to a Washington Post report) to impunity for crimes under international law, including torture and enforced disappearances.
Another January 11th Guantanamo anniversary has come and gone, and still 198 men are detained at the facility (and hundreds more at Bagram). Over the last year there has been some progress, but not with the kind of momentum that we had hoped for last January. Tomorrow marks the first anniversary of the Executive Order that President Obama drafted to have the Guantanamo Detention Facility closed within a year, but unfortunately, the detention facility is still open. The military commissions process continues. And some in the Obama Administration seem to be flirting with the idea of indefinite detention (just in a US-based facility vs. Gitmo). The failed Bush-era policies on torture and indefinite and illegal detention sadly continue to linger on. And thus the need for our important human rights work continues!