With its decision to revive the use of military tribunals for high-profile Guantanamo Bay detainees, the Obama administration has chosen a pragmatic way out of a Bush administration problem.
Last week the president disappointed many by announcing that appointed military panels would be reinstated. But the president’s approach may be the best way out of a difficult dilemma.
The military and CIA apprehended and questioned suspects without considering their rights. This approach may make convictions difficult in civilian courts. During the Bush administration, the prevailing opinion was that they could be held indefinitely, without being charged or given access to an attorney.
As a senator, Barack Obama criticized the commissions and the Bush administration for violating the rights of detainees. In reviving them for detainees charged with war crimes, he has promised to provide stronger legal protections.
The new approach announced Friday does not meet the standards of the U.S. judicial system, but it corrects the most serious deficiencies of the system. It restricts the use of hearsay evidence that can be used in court. It bans evidence obtained through cruel or degrading treatment. It allows defendants greater leeway in choosing their own military counsel. It protects detainees from legal sanctions if they decline to testify.
Critics have said that the new plan is nothing but a continuation of the Bush system of detention. But we think the Obama administration understands that it must make a clear break with the past in this matter.
It is in the interest of the nation, and the Obama administration, to adjudicate these difficult cases and close the Guantanamo Bay detention center. In doing so, the administration must reassure the world that the United States is committed to respecting the rights of the detainees.
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