General Question

BronxLens's avatar

What are some of the legal consequences of shutting the Guantanamo military prison?

Asked by BronxLens (1525 points ) October 21st, 2008

NY Time article :

“Both presidential candidates, Senators John McCain and Barack Obama, have called for closing Guantánamo and could reverse Mr. Bush’s policy, though probably not quickly since neither has spelled out precisely how to deal with some of the thorniest legal consequences of shutting the prison.”

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5 Answers

SquirrelEStuff's avatar

Legal consequences on whose part?

It should be ruled unconstitutional and shut down, right after Bush, Cheney, and Rumsfeld are locked up for violating the Geneva Conventions, human rights, and war crimes.

It just so happens to be articles 18 and 19 in Dennis Kucinich’s 35 articles of impeachment..
Article XVIII
Torture: Secretly Authorizing, and Encouraging the Use of Torture Against Captives in Afghanistan,
Iraq, and Other Places, as a Matter of Official Policy
Article XIX
Rendition: Kidnapping People and Taking Them Against Their Will to “Black Sites” Located in Other
Nations, Including Nations Known to Practice torture

BronxLens's avatar

To my Lurve-giving people, thank you! I got to my first 1,000!!! =D

susanc's avatar

Yay Bronxy.

“Legal consquences” means the war criminals would be tried and perhaps punished,
which would cost us a lot of money and angst. And could not have been down while
Bush was a sitting president.

Reparation will also cost us a lot of money and angst.

But we need to do it.

syz's avatar

Um, it would improve our standing in international opinion?

fireside's avatar

This analysis was written earlier this year by a professor at Columbia Law School:

But to consider Guantanamo in isolation from other U.S. Government detention operations, including those in Afghanistan and elsewhere, will leave significant legal and policy issues unresolved and could produce unintended consequences. Indeed one problem with previous, incremental legislative and judicial decisions is that they have focused on Guantanamo as a unique geographic location. The Supreme Court’s decision in Boumediene v. Bush, for example, which held that constitutional habeas corpus rights apply to detainees at Guantanamo, leaves uncertain whether some of the same constitutional rights apply to otherwise similarly-situated detainees held near combat zones or in other sites. To focus too narrowly on the few hundred detainees currently remaining at Guantanamo fails to address what is really a global problem, and can, for instance, inadvertently create incentives to keep detainees in less transparent conditions, in less secure locations.

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