Closing Guantanamo: A Legal and Policy Analysis of the Senate Provision

For the first time since the Guantanamo Bay terrorist detention facility was opened in January 2002, the Senate, through an amendment to the annual National Defense Authorization Act (NDAA), has mapped out a path to closure of the controversial facility. Section 1032 of the Senate-passed NDAA would allow the Administration to bring some of the 115 detainees to the United States as long as a number of conditions are met. Whether those conditions will be met, however, remains an open question. Even if the Administration should prove successful in moving detainees to the United States, America’s enemies and those who oppose the law of war detention would likely shift their criticism from Guantanamo to the new locus of detention, undercutting one of the main arguments made in favor of closing the facility in the first place.

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