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Big Changes to Guantanamo Bay
One of the promises that Obama made on the campaign trail during his first election in 2008 was to close down the prison at Guantanamo Bay. Some steps have been taken to do so, but for most part, it has been stagnant partly due to disagreements in Congress. But yesterday, Obama signed a bill into law that might move the closure within reach.
In order to even think about closing Guantanamo, something has to be done with the remaining 158 prisoners who are kept in custody there. Obama has long rallied against the restrictions that make it difficult to transfer prisoners in Guantanamo to the custody of foreign nations, usually a prisoner’s home nation.
In addition to clearing out Guantanamo so it can be closed down, the ability to transfer prisoners to other countries allows them to be tried for their crimes by their own country rather than just languishing in prison on foreign soil. The bill, however, did not go so far as to allow transfer of the prisoners to the United States, where they could be tried for their crimes against this nation.
During the signing, President Obama reaffirmed his devotion to making sure that Guantanamo Bay is closed down. He stated, “the continued operation of the facility weakens our national security by draining resources, damaging our relationships with key allies and partners and emboldening violent extremists”.
The bill that contained the Guantanamo Bay provisions is called the National Defense Authorization Act. The National Defense Authorization Act is passed each year. It specifies what the budget and expenditures will be for the Department of Defense in the coming fiscal year.
In addition to this change for Guantanamo, there were some other noteworthy provisions in the National Defense Authorization Act of 2014. One of those is a 1% pay increase for all service members. There are also clauses that mandate changes in the way in which sexual assault incidents in the military are reported and dealt with by the Pentagon.
These changes aren’t as dramatic as advocates have called for, but they do take strong steps towards preventing rape in the military, and punishing the offenders when an assault does occur. The bill removes the statue of limitations on reporting rape; bar military commanders from overturning jury convictions in sexual assault and rape cases; criminalize retaliations against people who report such crimes; mandate the dishonorable discharge or dismissal of anyone convicted of such crimes; and give civilian defense officials more control over prosecutions. These are all steps in the right direction, despite the fact that advocates, such as Sen. Kirsten Gillibrand (D-NY) say they don’t go quite far enough.
Both of these provisions within the National Defense Authorization Act –the Guantanamo Bay changes and the changes to the Pentagon sexual assault policy–are small victories for the Obama Administration. Our President has had a very tough year–between the NSA spying scandal to the botched rollout of the Affordable Care Act–it has been a bit of a mess. Although these accomplishments are small, the steps to close Guantanamo Bay fulfills a promise 5 years overdue. And the changes to the sexual assault policy in the Pentagon cements Obama’s status with women, a group that was crucial to his 2012 victory. Hopefully it is a sign of good things to come in 2014.
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Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.
Featured image courtesy of [Steve Rhodes via Flickr]
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