Posts: 1804
Posted: Tue Aug 16, 2016 11:25 am
He did try to close it, in his first 100 days. His political opponents appealed to the courts, who overruled him and ordered the prison left open. I think the Supreme Court was involved; after all who else has authority to overrule the President?
Before we get all political about this, there are certain facts. The Geneva Convention states any prisoner who was a citizen of Afghanistan (the invaded country) at the time they were captured are Prisoners Of War. Also remember the Taliban was the government of Afghanistan at the time of the invasion. Being a member of the same political party as the current government does not invalidate anything. Also remember that the Taliban offered to hand over Osama bin Laden before the invasion, but George W. Bush refused the offer. Contrary to rhetoric by George W. Bush, there was no evidence the Taliban were involved in any way with 9/11. That was strictly Al Qaeda, and the Taliban offered to hand over Al Qaeda. Their sole condition was to show them the evidence. Any NATO country would ask the same thing when asked to hand over a suspect charged with a capital offence. Some prisoners were guilty of combat activities, or trained others in making weapons such as bombs? We're talking of war, and the Taliban was the government of Afghanistan at the time. That still makes them Prisoners Of War. The Geneva Convention states all POWs must be released as soon as a declaration of cessation of hostilities is made. George W. Bush's famous "Mission Accomplished" speech on an aircraft carrier was that declaration. So the POWs should have been released at that time. Obama should have released them within his first 100 days. The President does have authority to release POWs, the court cannot overrule him on that. But the court did, based on the concocted charges of Bush's team.
Not all prisoners at Guantanamo are POWs, but at least releasing POWs would reduce the number. It would also put the United States in compliance with the Geneva Convention. In fact, the Geneva Convention authorizes extremely harsh treatment of mercenaries. Any member of Al Qaeda who wasn't a citizen of Afghanistan at the time of their capture could be considered a mercenary.
These are really old issues, and need to be resolved before the next president is inaugurated.