What to do with the people at Gitmo?
Posted by Moonage on 30 Jun 2006 | Tagged as: The Legal Process
The US Supreme Court ruled that war tribunals are not legal regarding the detainees of Gitmo. This made things a real mess. What SCOTUS did not do is give any guidance either. So, if they can not be tried as prisoners of war, and they are not US citizens, and they are not protected by The Geneva Convention, what is the proper jurisdiction? I don’t really fault SCOTUS for coming to the conclusion they did, they’re a little more experienced with law than I am. However, given the legal and political complexity of the situation, I think they should have given some guidance. The only option immediately available is to try them under court martial procedures. This makes no sense to me. Additionally, it could take years. A lot of people are complaining keeping them there is inhumane. However, several have committed suicide as opposed to being returned to their legal home. So, simply kicking them out appears inhumane as well. Sending them back to Afghanistan or Iraq just simply re-arms someone trying to kill our soldiers, so that’s not an option to me either. Congress will now attempt to correct the laws that SCOTUS says makes trying them as prisoners of war illegal. To me it is totally irrelevant. If SCOTUS has taken the position it has, I have no doubt that they will strike down any adjustments to the law that allows for war tribunals. Why, I don’t know. However, SCOTUS seems to hint that trying them under any real circumstances is illegal. IMO, they want Gitmo closed. Anything less than that will meet resistance. What to do with the people sitting there is not something they seem to want to deal with. And to me, that’s where the real problem lies. Regardless of legal wrangling, what is the best thing to do with those soldiers who were trying to kill ours? Until someone comes up with a better idea, I say leave them there.
2 Comments »
on 03 Jul 2006 at 12:20 pm 1.spaceman said …
SCOTUS has simply said that what the Bush admin has done is wrong. Therefore, Bush & Co. created this mess so they will have to figure out what to do now. At the pace things have moved concerning Gitmo, I don’t think anyone is in a hurry to do anything. Maybe this admin is hoping they will just die of old age… LOL. But seriously, aren’t there international courts and laws aside from our SCOTUS that could have a bearing on this? I’m not suggesting that Bush & Co would pay any attention to anyone else outside of the circle but maybe the next President may have to use this route to close Gitmo down. I feel for the next President because this admin is going to leave disasters a plenty for everyone.
on 03 Jul 2006 at 12:44 pm 2.Moonage
said …
Well, the problem is not that simple. SCOTUS previously ruled that keeping them there was perfectly legal. What they have said now is that trying them in the fashion Bush had preferred is not. In simpler terms, they could stay and die of old age ( or otherwise ), and that’ perfectly fine. There are other courts outside of the US that could probably serve, but they have refused to consider the people at Gitmo as prisoners of war, because they refused to recognize that the US is actually at war with Iraq and Afghanistan. So, because of their stubborness, and Bush’s reluctance to rely on them, they have kept themselves out of the picture other than complaining occasionally. And lastly, I think because a few prisoners committed suicide upon being relased, and one went right back to war against us, there really is no real desire to release them at this time. It’s a mess, but no one on a level that can do anything about it seems to want to. I’m against point-blank releasing them because some have returned to fight against us and kill our soldiers. So, frankly, I’m fine with them staying there until this is all over. And, old age may get them before it is.