A mixed bag. There are improvements, per se - but they are improvements within a system that is tainted by torture and other assorted abuses - within the framework and narrative set up by the Bush administration (that committed war crimes) - that had a Congress that rolled over at every turn. Within that context, there are improvements. Still...
A new Obama administration executive order pertaining to Guantanamo detainees held under purported "law-of-war" detention provides an additional layer of review not previously available.
However, the order also continues the practice of indefinite detention without trial, a practice that violates international law, Human Rights Watch said today.
Along with the executive order, the administration also announced that it would resume use of military commission proceedings at Guantanamo.
Although at the end of 2010 Congress placed restrictions on the ability of the administration to transfer detainees to the US, even for prosecution, and to release them to third or home countries, those restrictions only apply to the use of Department of Defense funds and they expire at the end of this year. The administration still has the ability to use Department of Justice or Homeland Security funds for the same purpose.
"President Obama should promptly use available funds to move forward with prosecuting the long-delayed 9/11 and other terrorism cases in federal court," Prasow said. "He needs to bring those accused to justice appropriately rather than keeping them detained without charge under his new order."
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