Obama and the Torture Question, part III
On his first day of office President Barack Obama signed the order to close Guantanamo Bay “no later than a year from today.” Further, President Obama signed orders ending the interrogation policies of the Bush Administration, closing of the CIA secret prison system and requiring a review of all cases of the prisoners of Guantanamo.
The president cited the belief he had expressed on the campaign trail that the betrayal of our democratic principles will make the US less-safe in the long term. Opponents of this view call the president naive.
This “conservative” objection is most often expressed through the extremist voices of the right wing radio (RWR) propaganda machine. When faced with a question regarding Guantanamo the host will often slip into a diatribe condemning Bush for not expanding the system and furthering the distance between what is for “Americans” and what is for “terrorists.”
The rest of America (I believe) realize that the issues involved with keeping and disposing of the Guantanamo system are of no small importance. Regardless, the decision has been made to destroy the system; the question must be returned to what are we to create to replace it.
Just make it up as we go along…
Recent criticisms of President Obama’s decision have focused on his lack of a coherent plan to replace the prison, establish a system of courts to prosecute, or indicate the procedures for interrogation of new prisoners during the Obama administration. “It’s like he is going to make it all up as he goes along; I ask, is that responsible? Will this make us safer?” This lament of a “conservative” host was used to damn the recent decisions of the 44th president, but it could equally be used to damn his predecessor.
Such short memories fail to grasp the absolute reversal from contemporary American policy towards terrorism that the Bush Administration enacted after 9/11 (chronicled here). The coming to light of just how the Bush Administration dealt with the legal ramifications (here) of the new way that the GWOT entailed designing unilateral policies that struggled against the international nature of the 21st century; in a new age, they were establishing older sovereignty based arguments.
What is this all really about?
As far as I can tell this is the case for a Guantanamo system:
- the GWOT is a new kind of war
- the members of terrorist organizations are not traditional soldiers and are not subject to established treaties for prosecuting them as civilians or soldiers.
- because of this new “third way” the prisoners are not subject to American justice.
- the terrorists are judged to be guilty without the need of a trail
- anyone deemed in this category do not deserve the benefits of American Justice.
- American security is paramount, and trumps all considerations beyond this immediate calculation.
The other side
- the GWOT is a fabrication, the world is essentially the same
- it was wrong to deviate so drastically from the established manner for bringing terrorists to justice.
- international prisoners should be held to international standards of justice
- trails should be established in the tradition of the rule of law, and have a multilateral dimension.
- judging terrorists without the benefits of the American system taints any concept of “justice”
- American security is best served by leading the world through our integrity abroad by not failing victim to the desire to create an “us vs. them” concept of justice.
- that some immediate risks to our security is worth our national integrity remaining intact.
It’s about damn time…
President Obama made good on a promise to end the unilateral desecration of the American standing of the world because he understands that perhaps our greatest asset in the world is our being that “shining city on a hill.” But how could we become this if we condone torture, operate as if we have no stake in the international arena, and betray our own political freedoms for those around the world. How could we look to the rest of the world and demand that we have the right to unilaterally undertake any action and then not uphold our conduct to the measure of our own citizenry?
The new security is one where we, as Americans, realize that we are not alone in this desire for freedom and extend this luxury as our olive branch to the world. If our hand is bitten in the process then we know for sure who our enemies are, rather than treating everyone as such based solely on our prerogatives.