By literalizing its «war» on terror, the Bush administration has broken down the distinction between what is permissible in times of peace and what can be condoned during a war. In peacetime, governments are bound by strict rules of law enforcement. Police can use lethal force only if necessary to meet an imminent threat of death and serious bodily injury. Once a suspect is detained, he or she must be charged and tried. These requirements are codified in international human rights law.
In times of war, law-enforcement rules are supplemented by a more permissive set of rules: An enemy can be shot without warning (unless he or she is incapacitated, in custody, or trying to surrender), regardless of any omminent threat. If a combatant is captured, he or she can be held in custody until the end of the conflict.
So is the war on terror a real war? It might be that. If one looks at al-Quidas actions on September 11th, its bombings of the US embassies in Kenya and Tanzania, its attack against USS Cole in Yemen and the bombing of residential compounds in Saudi Arabia. Eeach of these attacks was certainly serious crimes warranting prosecution. But, technically speaking, was the administration right to claim that they add up to a war? I say no.
For terrorist it's difficult to say who take active part in fighting. Roles and activities are clandestine and a persons relationship to a specific violent act is often unclear. In a traditional war, the war has an end - but that doesn't seem to apply to the war on terror. When is it «safe» to let the prisoners at Guantanamo bay free?
Four british prisoners were actually let go yesterday. But four are still held at Gitmo. The four British Muslims who are to remain at Guantanamo Bay are too dangerous to be released, an American official was last night reported as saying. All four trained at al-Qa'ida camps where they learned bombmaking, methods of assassination and urban warfare techniques, making them a "serious threat" should they be released, the source said. The highly unusual step of releasing details of the charges against the men had been taken to counteract opinion expressing concern over the conditions in which detainees were being held at the prison camp in Cuba.
As Manic says at Bloggerheads: I love how the public has been made aware of the charges (for reasons of political convenience) when this same information has been kept from these men for upwards of two years.
I repeat: Only one detainee needs to be innocent for this to be a tragedy. All of them could be guilty, but their treatment over the last two years would still be illegal.
Part of this text is taken from an article by Kenneth Roth in the January/February edition of Foreign affairs
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