White House Fact Sheet

White House Fact Sheet

White House Fact Sheet in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): On March 7, 2011, the White House released a fact sheet regarding its detainee policy and new actions taken to close the detention facility at Guantanamo Bay, Cuba. The fact sheet is available at (internet link) whitehouse.gov/the-press-office/2011/03/07/fact-sheet-new-actions-guant-namo-and-detainee-policy. See also March 7, 2011 statement by Defense Secretary Robert Gates, available at (internet link) defense.gov/releases/release.aspx?releaseid=14316 and March 7, 2011 statement of Attorney General Eric Holder, available at (internet link) mainjustice.com/2011/03/07/statement-of-attorney-general-eric-holder-on-guantanamo-bay-and-detainee-policy/. The White House fact sheet referenced President Obama's May 21, 2009 speech at the National Archives regarding the approach to closing Guantanamo. see this world legal encyclopedia in relation with the year 2009 at 709-16. Excerpts from the fact sheet follow.

The Administration remains committed to closing the detention facility at Guantanamo Bay, and to maintain[ing] a lawful, sustainable and principled regime for the handling of detainees there, consistent with the full range of U.S. national security interests. In keeping with the strategy we laid out, we are proceeding today with the following actions:

Resumption of Military Commissions**** The Secretary of Defense will issue an order rescinding his prior suspension on the swearing and referring of new charges in the military commissions. New charges in military commissions have been suspended since the President announced his review of detainee policy, shortly after taking office.

The Administration … has successfully enacted key reforms, such as a ban on the use of statements taken as a result of cruel, inhuman or degrading treatment, and a better system for handling classified information. With these and other reforms, military commissions, along with prosecutions of suspected terrorists in civilian courts, are an available and important tool in combating international terrorists that fall within their jurisdiction while upholding the rule of law.

Developments

Executive Order on Periodic Review***** In the Archives speech, the President recognized there are certain Guantanamo detainees who have not been charged, convicted, or designated for transfer, but must continue to be detained because they “in effect, remain at war with the United States.” For this category of detainees, the President stated: “We must have a thorough process of periodic review, so that any prolonged detention is carefully evaluated and justified.”

Today, the President issued an Executive Order establishing such a process for these detainees.…

Continued Commitment to Article III Trials Pursuant to the President's order to close Guantanamo, this Administration instituted the most thorough review process ever applied to the detainees held there. Among other things, for the first time, we consolidated all information available to the federal government about these individuals. That information was carefully examined by some of the U.S. government's most experienced prosecutors, a process that resulted in the referral of 36 individuals for potential prosecution. Since the time of those referrals, the Departments of Justice and Defense, with the advice of career military and civilian prosecutors, have been working to bring these defendants to justice, securing convictions in a number of cases and evaluating others to determine which system—military or civilian—is most appropriate based on the nature of the evidence and traditional principles of prosecution.

Details

Time and again, the U.S. Federal courts have delivered swift justice and severe punishment to those who seek to attack us. In the last two years alone, federal prosecutors have convicted numerous defendants charged with terrorism offenses, including those who plotted to bomb the New York subway system; attempted to detonate a bomb in Times Square; and conspired in murderous attacks on the U.S. embassies abroad. These prosecutions have generated invaluable intelligence about the U.S. enemies, permitted us to incapacitate and detain dangerous terrorists, and vindicated the interests of victims—all while reaffirming the U.S. commitment to the rule of law. Spanning multiple administrations, Republican and Democratic, the U.S. Federal courts have proven to be one of the U.S. most effective counterterrorism tools, and should not be restricted in any circumstances.

Military commissions should proceed in cases where it has been determined appropriate to do so. Because there are situations, however, in which the U.S. federal courts are a more appropriate forum for trying particular individuals, we will seek repeal of the restrictions imposed by Congress, so that we can move forward in the forum that is, in the U.S. judgment, most in line with the U.S. national security interests and the interests of justice.

We will continue to vigorously defend the authority of the Executive to make these well-informed prosecution decisions, both with respect to those detainees in the U.S. custody at Guantanamo and those we may apprehend in the future. A one-size-fits-all policy for the prosecution of suspected terrorists, whether for past or future cases, undermines the U.S. Nation's counterterrorism efforts and harms the U.S. national security.

More about the Issue

Support for a Strong International Legal Framework Because of the vital importance of the rule of law to the effectiveness and legitimacy of the U.S. national security policy, the Administration is announcing the U.S. support for two important components of the international legal framework that covers armed conflicts: Additional Protocol II and Article 75 of Additional Protocol I to the 1949 Geneva Conventions.

Additional Protocol II, which contains detailed humane treatment standards and fair trial guarantees that apply in the context of non-international armed conflicts, was originally submitted to the Senate for approval by President Reagan in 1987. The Administration urges the Senate to act as soon as practicable on this Protocol, to which 165 States are a party. An extensive interagency review concluded that United States military practice is already consistent with the Protocol's provisions. Joining the treaty would not only assist us in continuing to exercise leadership in the international community in developing the law of armed conflict, but would also allow us to reaffirm the U.S. commitment to humane treatment in, and compliance with legal standards for, the conduct of armed conflict.

Article 75 of Additional Protocol I, which sets forth fundamental guarantees for persons in the hands of opposing forces in an international armed conflict, is similarly important to the international legal framework. Although the Administration continues to have significant concerns with Additional Protocol I, Article 75 is a provision of the treaty that is consistent with the U.S. current policies and practice and is one that the United States has historically supported.

Our adherence to these principles is also an important safeguard against the mistreatment of captured U.S. military personnel. The U.S. Government will therefore choose out of a sense of legal obligation to treat the principles set forth in Article 75 as applicable to any individual it detains in an international armed conflict, and expects all other nations to adhere to these principles as well.

Resources

See Also

  • Use Of Force
  • Arms Control
  • Disarmament
  • Nonproliferation
  • Detainees

Resources

Notes and References

  1. **** Editor's note: See section 3.d. below for further discussion of military commissions proceedings in 2011.
  2. ***** Editor's note: See 3.b. below for further discussion of the executive order on periodic review.

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