Reasons for Closing Quantanamo - Research Paper Example

These detainees are to offer intelligence that will help the American government deal with the crimes of war and terror. There have been very many reasons why the facility should be closed. Some are from the policy standpoint while others are legal reasons. To date, the facility’s closure has proved to be very difficult. The American government’s main aim is to show the whole world that even in the face of their troubles, they still uphold their values. Keywords: Guantanamo, Closure, Detainees, Detention, Facility Introduction Following the terrorist attacks of 11 September 2001 in the United States, it was passed by the Congress that there was need for Authorization to Use Military Force (AUMF) (Garcia, Elsea, Mason & Liu, 2009).

The military was given the mandate to use all the necessary and appropriate force against those who had planned, committed, or given any assistance in the terrorist attack. Individuals from Afghanistan and other parts of the world, who were captured by the United States Military force during this operation, were relocated to Guantanamo Bay, US Naval station. This facility was used to detain them, and prosecution would follow before the military tribunals (Garcia, Elsea, Mason & Liu, 2009). Since 2002, nearly 800 persons have been brought to Guantanamo.

In order to continue their detention, majority of these detainees have been transferred again to a third country. A substantial number of released detainees have also been transferred from Guantanamo. Despite the transfer, there are a number of detainees who remain in the facility. They include: Those who have been placed in preventive detention so as to bar them from going back to the battle field. The nature of this preventive detention is non-penal and must be terminated upon the cessation of hostilities (Garcia, Elsea, Mason & Liu, 2009).

Those waiting to be brought before a tribunal, so that they can face charges filed against them such as “alleged violations of the law of war” (Garcia, Elsea, Mason & Liu, 2009, p. 1). If convicted, these people may be sentenced to life imprisonment or execution. The last category includes those who have been cleared for release or transfer to a different nation. Such persons are such as those who are believed not to have contributed to the hostilities or those who are no longer regarded as threats to US security (Garcia, Elsea, Mason & Liu, 2009).

Closing Guantanamo was a stated desire and policy in the administration of President Bush. It was supported by both the republican and the democrat presidential candidates. These were John Mc-Cain and Senator Barack Obama. Guantanamo has been used as a detention facility for terrorist suspects, but there has been the argument that it has been damaging the US national security. In 2008, there was widespread consensus within policy circles that it was supposed to be closed. There is lack of specificity on how to close the institution and at the same time, seek to protect the real national interests and the security of the citizens of the United States (Mendelson, 2008).

This policy of closing the facility has been one of the most difficult and most confronting issues in the United States of America. The current administration has been unable to implement the goal of closing the facility because it has received a lot of opposition. Even though it is the goal of the Americans to close Guantanamo, the United States cannot