Chase Madar: Obama’s Gitmo
[Chase Madar is a lawyer in New York.]
President Obama may lack the nerve to stare down Liz Cheney or Bibi Netanyahu, but no one can deny that our commander in chief has the guts to take on a child soldier. Come August, a military commission in Guantánamo will try Omar Khadr, a Canadian national captured outside Kabul in 2002, when he was just 15 years old. This will be only the third Gitmo trial and the Obama administration’s first, and there won’t be anything kinder and gentler about it.
But give our government credit for breaking new ground: no nation has tried a child soldier for war crimes since World War II, and the decision to prosecute Khadr has drawn protests from UNICEF, headed by a former U.S. national security adviser, as well as every major human-rights group. The audacity doesn’t stop there: charges against Khadr include “murder in violation of the rules of war,” a newly minted war crime novel to the history of armed conflict. Battlefield deaths do not usually result in murder trials for prisoners of war. But according to the Department of Defense, Omar Khadr is no POW. He’s a non-uniformed, “unprivileged belligerent.” In the euphemistic lingo of Gitmo, Khadr is not even a prisoner, just a “detainee” who has been awaiting trial for the past eight years.
This kind of court action would have made great copy under Cheney and Bush, noisome proof of their barbarity. Now everyone except the Right’s usual panic-merchants is sick of Guantánamo and wishes it had closed, as Obama promised, by the end of 2009. But that deadline has passed, and Gitmo will surely be open next year too. Several reporters told me they had to beg their editors to be sent down to cover the Khadr story.
Anyone expecting to witness eye-popping tableaux of Rumsfeldian cruelty at Gitmo will be disappointed. It’s a military base like many others, except instead of the nearby base town with obligatory pawn shop, strip club, and Korean restaurant, you find an impermeable barrier sealing base dwellers and visitors inside. Overall, it’s not a bad deployment: soldiers can at least get a beer off duty, the snorkeling’s good, and the roads are free of IEDs. Given the paucity of lurid local color, scribblers who take the military flight—a leased Delta aircraft from Andrews Air Force Base—have been reduced to soliloquizing about Guantanamo’s McDonald’s and the banality of evil amid the French fries.
Gitmo’s population continues to trickle away, to a point. Over 600 prisoners have been let go, and of the 50 habeas petitions for release filed since the Boumediene decision in 2008, 36 have been granted. Were these really “the worst of the worst”? Hardly. Still, the Obama administration has announced that it will continue to hold some 45 detainees indefinitely without charges, one of George W. Bush’s most radical policies, now zealously defended by a smoother, smarter team of Democratic lawyers. This is exactly the kind of lawlessness that Harold Koh, a human-rights icon, used to condemn from his bully pulpit as dean of Yale Law. Now, as legal adviser to the Department of State, he’s tasked with justifying indefinite detention...
Read entire article at American Conservative
President Obama may lack the nerve to stare down Liz Cheney or Bibi Netanyahu, but no one can deny that our commander in chief has the guts to take on a child soldier. Come August, a military commission in Guantánamo will try Omar Khadr, a Canadian national captured outside Kabul in 2002, when he was just 15 years old. This will be only the third Gitmo trial and the Obama administration’s first, and there won’t be anything kinder and gentler about it.
But give our government credit for breaking new ground: no nation has tried a child soldier for war crimes since World War II, and the decision to prosecute Khadr has drawn protests from UNICEF, headed by a former U.S. national security adviser, as well as every major human-rights group. The audacity doesn’t stop there: charges against Khadr include “murder in violation of the rules of war,” a newly minted war crime novel to the history of armed conflict. Battlefield deaths do not usually result in murder trials for prisoners of war. But according to the Department of Defense, Omar Khadr is no POW. He’s a non-uniformed, “unprivileged belligerent.” In the euphemistic lingo of Gitmo, Khadr is not even a prisoner, just a “detainee” who has been awaiting trial for the past eight years.
This kind of court action would have made great copy under Cheney and Bush, noisome proof of their barbarity. Now everyone except the Right’s usual panic-merchants is sick of Guantánamo and wishes it had closed, as Obama promised, by the end of 2009. But that deadline has passed, and Gitmo will surely be open next year too. Several reporters told me they had to beg their editors to be sent down to cover the Khadr story.
Anyone expecting to witness eye-popping tableaux of Rumsfeldian cruelty at Gitmo will be disappointed. It’s a military base like many others, except instead of the nearby base town with obligatory pawn shop, strip club, and Korean restaurant, you find an impermeable barrier sealing base dwellers and visitors inside. Overall, it’s not a bad deployment: soldiers can at least get a beer off duty, the snorkeling’s good, and the roads are free of IEDs. Given the paucity of lurid local color, scribblers who take the military flight—a leased Delta aircraft from Andrews Air Force Base—have been reduced to soliloquizing about Guantanamo’s McDonald’s and the banality of evil amid the French fries.
Gitmo’s population continues to trickle away, to a point. Over 600 prisoners have been let go, and of the 50 habeas petitions for release filed since the Boumediene decision in 2008, 36 have been granted. Were these really “the worst of the worst”? Hardly. Still, the Obama administration has announced that it will continue to hold some 45 detainees indefinitely without charges, one of George W. Bush’s most radical policies, now zealously defended by a smoother, smarter team of Democratic lawyers. This is exactly the kind of lawlessness that Harold Koh, a human-rights icon, used to condemn from his bully pulpit as dean of Yale Law. Now, as legal adviser to the Department of State, he’s tasked with justifying indefinite detention...