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Wednesday, January 10, 2007 12:00 AM

Guantánamo: Five years and counting

I wish this dark period of detention and torture were over. But rolling back the Military Commissions Act and restablishing the rule of law are monumental tasks.

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  • Wednesday, January 10, 2007 11:22 AM

    Sisyphean struggle

    The only reason that there is a "Sisyphean struggle" over Guantanamo is that BOTH sides on this issue cannot admit that there is a fundamental flaw in the current system to deal with an non-governmental international militia. Is this a police problem, is this a military problem or is this something else? Shoehorning the Geneva Conventions into this "war" just makes it worse, since they were never meant to deal with a situation like this - they were designed for conventional or guerrilla war.

    The fundamental problem is that modern technology has enabled such potential destructive power into the hands of small groups that no government can afford to ignore the threat. But again - with groups that operate internationally - is it a police or a military problem? With such potential destruction - governments (read politicians) are going to act preemptively because they would be crucified if they don't - or act like they do not.

    The trick is how to keep this from becoming Big Brother.

    Let's be blunt - the only realistic alternative to Guantanamo at this time is battlefield executions - no prisoners to handle. But that is not going to happen as long as anyone thinks that they can pry, coerce or wear down information from one of these people.

    And let's also be blunt - many of the people in Guantanamo were just scooped up and dumped there because there was no other place. Many there deserve it - and many probabaly do - the Tipton 3 and their lame "search for the perfect naan" fall into that category. But there are those that do not.

    So - can someone try to design and implement a new international code on how to deal with this situation - this grey area that so badly needs some hard and fast rules? Because until that happens - places like Guantanamo are going to exist - whatever administration is in power. and it will be a lot longer than 5 years before the situation on these people is resolved.

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