Closing Guantánamo is therefore a gimme for President Barack Obama–and the executive order to close it within a year comes as no surprise. Yet shuttering Gitmo only begins the debate over what to do with terrorism detainees.
Two loosely defined camps took shape in the fall. Pragmatists from across the political spectrum called for a noncriminal detention regime sanctioned by Congress, under the review of a specialized terror court. “We’re united by the belief that the legal architecture pre-9/11 is not appropriate for contemporary security challenges,” says professor Matthew Waxman of Columbia Law School, “nor is the Bush administration’s expansive and aggressive assertion of unilateral executive authority.” But to human rights advocates like Harold Koh, dean of Yale Law School, a terror court is just the same stunted legal concept as the Bush military commissions.
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