The Cost of Indefinitely Kicking the can: Why Continued

The Cost of Indefinitely Kicking the can: Why Continued "Prolonged" Detention is No Solution to Guantanamo.

By Case Western Reserve Journal of International Law

  • Release Date: 2009-12-22
  • Book Genre: Law
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The Cost of Indefinitely Kicking the can: Why Continued "Prolonged" Detention is No Solution to Guantanamo. by Case Western Reserve Journal of International Law

On January 22, 2009 President Barack Obama committed to close the Guantanamo Bay detention facilities and established a process for reviewing the cases of the remaining detainees. In a May, the President indicated that this review would result in a "fifth category" of detainees who the administration would not seek to prosecute in U.S. courts or transfer or repatriate to other countries, but who would be kept in "prolonged" detention. This essay argues that continued indefinite detention of the detainees currently held at Guantanamo Bay threatens to undermine the imperative security anal foreign policy objectives that the closure of the detention facility would otherwise achieve. Continuing to kick the cases of a category of detainees down the road for indefinite, repeated review will impede efforts to close the door on the legacy of flawed detention policies that the Guantanamo facilities have come to represent. I. INTRODUCTION

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