The Guantanamo Verdict

THERE are far reaching implications of the US Supreme Court’s latest blow to the Bush administration’s ‘Guantanamo policy’. After twice sidestepping similar decisions by manoeuvring the then Republican dominated Congress, the White House will have practically no chance of springing a similar response. Not only do Democrats hold sway in Congress, but election year compulsions mean few will be willing to entertain such debate.

For now, therefore, as much as Bush & Co is taken aback by the ruling, there is little up their sleeve but compliance. Granting Guantanamo inmates the right to challenge their detention in US civilian courts not only refutes the ‘enemy combatant’ rationale for rubbishing the Geneva Convention, it also upsets Bush’s entire war-on-terror philosophy. It means simply that by treating the issue as an inherent constitutional matter as opposed to just federal law, the Court has driven perhaps the final nail into the war-on-terror coffin. The drive has all but run out of steam owing to horrible results, unbelievable loss of life and property, constant haemorrhaging of initial architects and inability to hold partners and public opinion.

The Guantanamo Bay gulag has been at the heart of the prisoner treatment argument since practically the start of the ill fated terror-war. Looking back, analysts will remember it as one of the first reasons for the U-turn in international and domestic support, which were at record high following the 9/11 tragedy.

Interestingly, the move provides just as much of an opportunity for presidential hopefuls as it does hope for the roughly 250 strong still serving at the Bay, so far without the slightest idea of the duration of their ‘time’. The number is considerably down from the 600 or so nested in the facility not too long ago, but still continues to be an embarrassment for the government in a way that only the Bush White House fails to notice.

Democratic candidate Barack Obama has been quick and smart to side with the ruling, drawing support from rights organisations as well as concerned quarters, governments and influential pockets. McCain the Republican will fill the time while he decides with careful rhetoric, hardly surprising considering his position on the war, especially his Bush-like agenda.

It bears remembering that at the heart of the Abu Ghraib, Guantanamo and CIA torture flights arguments was an inspiring tradition that has been the focal point of the American way of doing business, at least till Bush set up shop at the House. Human rights watchers and concerned legislators have campaigned strongly less for political affiliations than preservation of a political etiquette where America has long taken the lead. Its justice and political systems have allowed for greater transparency than contemporaries and foes alike, something that has been greatly harmed during the Bush years. It also grants people the power to effectively judge on those charged with charting their course. The terror war has drained numerous resources, but it seems the system has enough life left in it to make its strong case felt. The SC stand, though not unanimous, is greatly appreciated.