The American people took the first step in restoring America's international reputation when they elected Barack Obama president on Nov. 4. But it was still just that: a first step.
When the infamous images of the prisoners in Abu Ghraib surfaced in 2004, the world began to view the United States as a major violator of both international law and human rights. But this was only the beginning, as investigations later unearthed evidence of tortuous interrogations at Guantanamo Bay, which directly violated the Geneva Conventions.
During his campaign, Obama laid out what will presumably be the foundation of his administration's policy toward the prosecution of supposed terrorists. The president-elect has said he plans to close the detention center, try detainees in America's federal courts and reject a Bush-administration policy that has greatly diminished the United States' moral leadership on the world stage.
While it may be difficult to close Guantanamo, which currently houses 250 prisoners — many of whom have been held for seven years without having been charged — it is imperative that the new administration acts quickly and operates within the framework of international law and human rights standards.
Many Americans feel uncomfortable with the idea of trying suspected terrorists in America's legal system, believing that the courts are already overtaxed and that the cases are just too complex. But the tactics of the Bush administration have proven how dangerous it is to try suspected terrorists outside the realm of America's court system by awarding them the ambiguous legal title of "enemy combatants." This status has allowed the administration to clandestinely skirt the law and ultimately torture suspected terrorists.
The Obama administration should use the Supreme Court ruling in Hamden v. Rumsfeld (2006) — which stated that the military commissions set up in Guantanamo were in direct violation of the Geneva Conventions — as a launching point for a new policy in line with our political traditions and commitment to liberty. Our system of due process distinguishes us from authoritarian regimes, and the Obama administration has correctly recognized that it is this very institution that should be utilized in trying those who most severely threaten our freedom.
The Bush administration's blatant abuses of human rights and the rule of law have frayed our relationships with allies, and closing the detention center in Guantanamo would go a long way not only in repairing these ties, but also in bolstering our ability to influence other countries through diplomacy rather than through the threat of armed conflict. It would demonstrate Obama's commitment to change and hopefully begin the process of creating a government dedicated to balancing its responsibility to protect its citizens with its duty to respect the natural rights of all human beings.
