World Watch
By

Pamela Falk /

CNET/ January 20, 2009, 8:26 PM

For Obama, Closing Guantanamo Easier Said Than Done

3938973President Obama has long promised that one of his first actions in office would be to close the military prison at Guantanamo Bay, Cuba.

It's a move aimed at repairing America's tarnished reputation. The U.S. has held over 700 "enemy combatants" – many of them without charge – in a legal black hole for seven years.

But closing the detention center will involve finding a way through a labyrinth of legal tangles – and Mr. Obama may not be able to get it accomplished in the first 100 days.

(Just hours after his inauguration, Obama ordered a 120-day halt to the ongoing terror tribunals at Guantanamo, to give his team a chance to examine the process and come up with a possible alternative.)

The Obama Administration needs time to formulate a detailed plan for closing the base and to negotiate with foreign leaders to accept detainees who cannot return to their home countries, and freezing the military tribunals gives it time to do that, while making sure no more harm is done.

To close Guantanamo and remove the remaining 250 detainees, Mr. Obama will have to address several issues: deciding what to do with 100 or so dangerous detainees; relocating the 50 detainees who have been cleared for release and finding countries to accept them where they won't be tortured or persecuted; and deciding what kind of trials to have for those who have committed crimes, some of whom have admitted involvement in the 9/11 attacks.

(Click here to read an earlier analysis of Obama's Guantanamo predicament by CBS News legal analyst Andrew Cohen.)

Several European nations have offered to admit detainees who have been cleared for release.

The Obama administration will also have to work with Congress to overturn the laws that have created the troubled military commissions and decide whether or not to pursue investigations into alleged war crimes committed by the Bush Administration.

The Obama administration is likely to work with Sen. Dianne Feinstein, the new head of the Intelligence Committee, who has a bill for closing Guantanamo which sets a one-year deadline to try or release the detainees, and which would require the C.I.A. to report all detainees to the International Red Cross.

Mr. Obama has made closing Guantanamo a priority. But it won't be easy to untangle the legal knot that the Bush administration has left him.
© 2009 CBS Interactive Inc.. All Rights Reserved.
  • Pamela Falk

    Pamela Falk is CBS News Foreign Affairs Analyst and an international lawyer, based at the United Nations.

17 Comments Add a Comment
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nafta1160 says:
I loved the suggestion in a recent letter to the editor in the Arizona Republic. The detainees should all be moved to Washington, DC, preferably in a location very close to the day school the Obama girls will be attending. Obama doesn''t seem to think these detainees are dangerous, so should be no harm whatsoever having them really close to his girls'' school.
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kbbcoop says:
Well, I did NOT vote Obama for this very reason. He cares more about prisoner rights than the country''s safety.
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evian_ycnan says:
so we are going to let free the ones that help bomb the trade center

Posted by agidoi at 02:08 PM : Jan 21, 2009

They`re dead. Now quick, "What nationality were the hijackers?"
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willieellie says:
What happen to we must act fast.
I bet the victims of 9/11 wish they had a halt of 120 days extra.
This man is scary he talks big and yet does another.

Just hours after his inauguration, Obama ordered a 120-day halt to the ongoing terror tribunals at Guantanamo, to give his team a chance to examine the process and come up with a possible alternative.)
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bobnjersey says:
[One stupid decision down, 3000 to go. Hold on folks, you''''re in for the stupidest 4 years of your life.]
[Posted by AlanW1077 at 02:30 AM : Jan 21, 2009]

do you mean reading your inane posts for the next four years in response to everything he does?

if you''re disagreeing w/ it then it''s a sign we''re likely moving in the right direction.
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bobnjersey says:
[Nobama said in his book he will side with the muslims, I guess for once he''''ll keep his word?]
[Posted by mattcool247 at 04:34
AM : Jan 21, 2009]

which book ... and what page ... or did someone just tell you that?
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nikosk11 says:
It didn''''t take long. Obama and the liberal gang simply do not care about the safety of this country''''s citizens.

Posted by Mihann at 03:21 AM : Jan 21, 2009

Just remember: We haven''t been hit in sixty years, since 1941 (Pearl Harbor), until nine months after Moron and Junta took office. So, we were not very safe with GWB, weren''t we?

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lozup says:
Its the Economy Stupid
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wvu74621 says:
For Obama, Closing Guantanamo Easier Said Than Done.

As well as the multitude of other problems that he is charged with solving. Good luck dude your going to need it.
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mihann says:
It didn''t take long. Obama and the liberal gang simply do not care about the safety of this country''s citizens.
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