Text of President Obama's Executive Order Closing Guantanamo Bay Prison (Camp X-Ray)

Reprinted from The Huffington Post:

By the authority vested in me as President by the Constitution and the laws of the United States of America, in order to effect the appropriate disposition of individuals currently detained by the Department of Defense at the Guantánamo Bay Naval Base (Guantánamo) and promptly to close detention facilities at Guantánamo, consistent with the national security and foreign policy interests of the United States and the interests of justice, I hereby order as follows:



Section 1. Definitions. As used in this order:

(a) "Common Article 3" means Article 3 of each of the Geneva Conventions.

(b) "Geneva Conventions" means:

(i) the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, August 12, 1949 (6 UST 3114);

(ii) the Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, August 12, 1949 (6 UST 3217);

(iii) the Convention Relative to the Treatment of Prisoners of War, August 12, 1949 (6 UST 3316); and

(iv) the Convention Relative to the Protection of Civilian Persons in Time of War, August 12, 1949 (6 UST 3516).

(c) "Individuals currently detained at Guantánamo" and "individuals covered by this order" mean individuals currently detained by the Department of Defense in facilities at the Guantánamo Bay Naval Base whom the Department of Defense has ever determined to be, or treated as, enemy combatants.

Sec. 2. Findings.

(a) Over the past 7 years, approximately 800 individuals whom the Department of Defense has ever determined to be, or treated as, enemy combatants have been detained at Guantánamo. The Federal Government has moved more than 500 such detainees from Guantánamo, either by returning them to their home country

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or by releasing or transferring them to a third country. The Department of Defense has determined that a number of the individuals currently detained at Guantánamo are eligible for such transfer or release.

(b) Some individuals currently detained at Guantánamo have been there for more than 6 years, and most have been detained for at least 4 years. In view of the significant concerns raised by these detentions, both within the United States and internationally, prompt and appropriate disposition of the individuals currently detained at Guantánamo and closure of the facilities in which they are detained would further the national security and foreign policy interests of the United States and the interests of justice. Merely closing the facilities without promptly determining the appropriate disposition of the individuals detained would not adequately serve those interests. To the extent practicable, the prompt and appropriate disposition of the individuals detained at Guantánamo should precede the closure of the detention facilities at Guantánamo.

(c) The individuals currently detained at Guantánamo have the constitutional privilege of the writ of habeas corpus. Most of those individuals have filed petitions for a writ of habeas corpus in Federal court challenging the lawfulness of their detention.

(d) It is in the interests of the United States that the executive branch undertake a prompt and thorough review of the factual and legal bases for the continued detention of all individuals currently held at Guantánamo, and of whether their continued detention is in the national security and foreign policy interests of the United States and in the interests of justice. The unusual circumstances associated with detentions at Guantánamo require a comprehensive interagency review.

(e) New diplomatic efforts may result in an appropriate disposition of a substantial number of individuals currently detained at Guantánamo.

(f) Some individuals currently detained at Guantánamo may have committed offenses for which they should be prosecuted. It is in the interests of the United States to review whether and how any such individuals can and should be prosecuted.

(g) It is in the interests of the United States that the executive branch conduct a prompt and thorough review of the circumstances of the individuals currently detained at Guantánamo who have been charged with offenses before military commissions pursuant to the Military Commissions Act of 2006, Public Law 109-366, as well as of the military commission process more generally.

Sec. 3. Closure of Detention Facilities at Guantánamo. The detention facilities at Guantánamo for individuals covered by this order shall be closed as soon as practicable, and no later than 1 year from the date of this order. If any individuals covered by this order remain in detention at Guantánamo at the time of closure of those detention facilities,

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they shall be returned to their home country, released, transferred to a third country, or transferred to another

United States detention facility in a manner consistent with law and the national security and foreign policy interests of the United States.

Sec. 4. Immediate Review of All Guantánamo Detentions.

(a) Scope and Timing of Review. A review of the status of each individual currently detained at Guantánamo (Review) shall commence immediately.

(b) Review Participants. The Review shall be conducted with the full cooperation and participation of the following officials:

(1) the Attorney General, who shall coordinate the Review;

(2) the Secretary of Defense;

(3) the Secretary of State;

(4) the Secretary of Homeland Security;

(5) the Director of National Intelligence;

(6) the Chairman of the Joint Chiefs of Staff; and

(7) other officers or full-time or permanent part-time employees of the United States, including employees with intelligence, counterterrorism, military, and legal expertise, as determined by the Attorney General, with the concurrence of the head of the department or agency concerned.

(c) Operation of Review. The duties of the Review participants shall include the following:

(1) Consolidation of Detainee Information. The Attorney General shall, to the extent reasonably practicable, and in coordination with the other Review participants, assemble all information in the possession of the Federal Government that pertains to any individual currently detained at Guantánamo

and that is relevant to determining the proper disposition of any such individual. All executive branch departments and agencies shall promptly comply with any request of the Attorney General to provide information in their possession or control pertaining to any such individual. The Attorney General may seek further information relevant to the Review from any source.

(2) Determination of Transfer. The Review shall determine, on a rolling basis and as promptly as possible with respect to the individuals currently detained at Guantánamo, whether it is possible to transfer or release the individuals consistent with the national security and foreign policy interests

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of the United States and, if so, whether and how the Secretary of Defense may effect their transfer or release. The Secretary of Defense, the Secretary of State, and, as appropriate, other Review participants shall work to effect promptly the release or transfer of all individuals for whom release or transfer is possible.

(3) Determination of Prosecution. In accordance with United States law, the cases of individuals detained at Guantánamo not approved for release or transfer shall be evaluated to determine whether the Federal Government should seek to prosecute the detained individuals for any offenses they may have committed, including whether it is feasible to prosecute such individuals before a court established pursuant to Article III of the United States Constitution, and the Review participants shall in turn take the necessary and appropriate steps based on such determinations.

(4) Determination of Other Disposition. With respect to any individuals currently detained at Guantánamo whose disposition is not achieved under paragraphs (2) or (3) of this subsection, the Review shall select lawful means, consistent with the national security and foreign policy interests of the United States and the interests of justice, for the disposition of such individuals. The appropriate authorities shall promptly implement such dispositions.

(5) Consideration of Issues Relating to Transfer to the United States. The Review shall identify and consider legal, logistical, and security issues relating to the potential transfer of individuals currently detained at Guantánamo to facilities within the United States, and the Review participants shall work with the Congress on any legislation that may be appropriate.

Sec. 5. Diplomatic Efforts. The Secretary of State shall expeditiously pursue and direct such negotiations and diplomatic efforts with foreign governments as are necessary and appropriate to implement this order.

Sec. 6. Humane Standards of Confinement. No individual currently detained at Guantánamo shall be held in the custody or under the effective control of any officer, employee, or other agent of the United States Government, or at a facility owned, operated, or controlled by a department or agency of the United States, except in conformity with all applicable laws governing the conditions of such confinement, including Common Article 3 of the Geneva Conventions. The Secretary of Defense shall immediately undertake a review of the conditions of detention at Guantánamo to ensure full compliance with this directive. Such review shall be completed within 30 days and any necessary corrections shall be implemented immediately thereafter.

Sec. 7. Military Commissions. The Secretary of Defense shall immediately take steps sufficient to ensure that during the pendency of the Review described in section 4 of this order, no charges are sworn, or referred to a military

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commission under the Military Commissions Act of 2006 and the Rules for Military Commissions, and that all proceedings of such military commissions to which charges have been referred but in which no judgment has been rendered, and all proceedings pending in the United States Court of Military Commission Review, are halted.

Sec. 8. General Provisions.

(a) Nothing in this order shall prejudice the authority of the Secretary of Defense to determine the disposition of any detainees not covered by this order.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

BARACK OBAMA

THE WHITE HOUSE,

January 22, 2009.

Your Obama on Top of the World Updates (22 January)

Related Post: The Joseph Lowery Benediction
Related Post: The Inaugural - The Daily Show Tribute

5:55 p.m. Mike here- one last update: Obama has called on Israel to open its borders with Gaza.

5 p.m. Well, that's Day 2 (so far) of the Great Obama Foreign Policy Journey. Tomorrow, we'll attempt an assessment of the ups, downs, and in-betweens of the initial meetings and decisions.

The President's moves not only on Guantanamo Bay but on CIA black sites were encouraging, even if they cannot be implemented soon. Less encouraging, despite all the fanfare at the State Department were the Mitchell and Holbrooke appointments, as it is not clear the Administration has really thought through its diplomatic approach. It is a blessing, at least, that Obama and Hillary Clinton did not make the situation worse by naming Dennis Ross as envoy on Iranian matters, a move only slightly less provocative than appointing Mike Tyson to keep the peace.

The emerging conflict and muddle over Iraq and Afghanistan, brought out by the Robert Gates statement and the military-White House competing briefings on Iraq, is not encouraging.

Good night and peace to all.

4:50 p.m. Secretary of Defense Robert Gates has issued what is, frankly, a very strange statement on the Administration's goals in Afghanistan.

Gates, unintentionally, points to the conflict that has already broken out over troop levels in Iraq and Afghanistan, stating that "no decision on troop deployments to Afghanistan has been made". What is even more disconcerting, however, is his explanation that the Obama Administration's new war plan will focus on "very concrete things" such as establishing control in parts of the country, going after al Qaeda, and delivering services and security for the Afghan people.

Hmm....isn't that what the Bush Administration was doing? Apparently not: "The goals we did have for Afghanistan [were] too broad and too far into the future, [were] too future-oriented, and [were] we need more concrete goals that can be achieved realistically within three to five years."

That, to be blunt, is gobbledy-gook. One can only hope it is not reflective of the thinking in the NSC-military meeting yesterday.



4:40 p.m. And is that an Obama pre-emptive strike in the US approach to Iran? He declares that all external support for "terrorist organizations in the Middle East" must be halted.

4:35 p.m. But George Mitchell, I fear, may already be boxed in by his President. After declaring to applause that "the US will not torture", Obama firmly declared that Hamas must not re-arm and recognise Israel's right to exist.

The question is whether the US Government will discreetly talk to Hamas in advance of such a statement, hoping to move the organisation towards recognition of Tel Aviv, or set recognition as a pre-condition for any discussions. If the latter, the Mitchell mission is a non-starter.

4:30 p.m. George Mitchell's opening statement was professional and suitably non-committal. He said there was no conflict that could not be resolved and promised a sustained effort by the Obama Administration towards Middle Eastern peace.

A reader notes, "The word Palestinians was used twice, the word Ireland I lost count. Good to know they're sending a clear message."

4:25 p.m. A bit of a show at State Department as President Obama and Vice President Biden in clear show of support --- a far cry from the ostracism of the Department and its Secretary,  Colin Powell, in first term of Bush Administration.

3:55 p.m. Richard Holbrooke has also been confirmed as envoy to Afghanistan, Pakistan, and India. However --- and this is both unexpected and significant --- Dennis Ross has not been named as envoy on Iranian matters.

3:40 p.m. Confirmation that George Mitchell will be Barack Obama's envoy to the Middle East. The former Senator and experienced negotiator, who helped broker the 1998 Northern Ireland agreement and served as Bill Clinton's envoy in 2000 to Israel and Palestine, is of Lebanese descent. Officials and Administration contacts are keen to play up Mitchell as an honest broker:

By naming Mitchell as his personal envoy, Obama is sending a diplomatic heavyweight to the region. "He's neither pro-Israeli nor pro-Palestinian," Martin S. Indyk, a former U.S. ambassador to Israel, told The New York Times. "He's, in a sense, neutral."

Mitchell is probably best known on the world stage for the Good Friday agreement he negotiated between Roman Catholics and Protestants that created a cease-fire in Northern Ireland in 1998.

2:35pm A list of all Obama's executive orders to date is being published here. (Thanks, mhasko)

1:35 p.m. It's official. Obama has signed an executive order requiring the Guantánamo Bay detention facility be closed within a year.

1:30 p.m. ABC News reports that there were no arrests at Tuesday's inauguration.

10 a.m. And so the manoeuvring within the Obama White House begins. The President, as we noted, tried to lock down any speculation over the outcome of yesterday's meeting of the National Security Council and military with the statement, "I asked the military leadership to engage in additional planning necessary to execute a responsible military drawdown from Iraq."

However, CNN has heard from "Pentagon officials [who] said the generals left believing they were not ordered to being implementing [Obama's] campaign promise to pull all US combat troops from Iraq within 16 months". So a White House official is "insisting that the President did remind the commanders of his goal to remove troops, but he wants to get their input, so he asked them to come up with a plan that's workable".

9:35 a.m. They Just Won't Go Away: All week long, The Wall Street Journal has been desperately insisting that former President Bush was jolly good for the United States and one day we'll all be grateful for his wisdom and leadership. Today it's Karl Rove's turn, as he moves from "the thoughtfulness and grace so characteristic of this wonderful American family" to declare "right about Iraq", "right to take the war on terror abroad", "right to be a unilateralist", say on AIDS in Africa, right on tax cuts, right on Medicare, etc.

Number of times Hurricane Katrina mentioned in article: 0

9:30 a.m. Dramatic, almost star-struck scenes as the new Secretary of State, Hillary Clinton, addresses State Department staff. Career diplomats are standing on desks to get a glimpse of Clinton. There is huge enthusiasm when Clinton promises to remedy the "neglect" the Department has suffered in recent years.

7:25 a.m. Today's Axis of Evil Alert: Lawyer Robert Amsterdam in The Washington Post:

The administrations of Hugo Chávez in Venezuela and Vladimir Putin in Russia are enjoying a robust, burgeoning friendship. Though they are separated by 6,000 miles, the two leaders' bond is sealed not only by their similar tastes for repressive authoritarianism, oil expropriations and large arms deals but also by parallel trends of increasing violence and murder on the streets of their cities.

7:15 a.m. Culture of Fear Alert: Marc A. Thiessen, former speechwriter for former President George W. Bush: "President Obama has inherited a set of tools that successfully protected the country for 2,688 days -- and he cannot dismantle those tools without risking catastrophic consequences."

(Note: George W. Bush was also President from 20 January to 11 September 2001, when more than 3000 people were killed in attacks in the United States.)

7 a.m. The Dark-Horse Crisis? Under the radar of most of the media, the situation in Somalia (and the Bush Administration's policy there) continues to deteriorate. The Washington Post sounds the alarm, "With Ethiopian Pullout, Islamists Rise Again in Somalia". UN agencies are threatening to halt food distribution because of attacks on their staff.

The US-fostered and Ethiopia-implemented overthrow of the Islamic Courts government in 2006 was meant to install a "proper" Government that would support American plans in East Africa. Instead, that Somalian administration has collapsed, and "more radical" Islamic groups such as al-Shahab have emerged.

6:30 a.m. In overnight fighting in eastern Afghanistan, NATO and US military claim that 28 militants killed.

4:30 a.m. Still no significant word, however, on Obama's National Security Council meeting with military commanders, including General David Petraeus, on Afghanistan and Pakistan. Instead, after the meeting, Obama issued a holding statement:“I asked the military leadership to engage in additional planning necessary to execute a responsible military drawdown from Iraq....[I plan] to undertake a full review of the situation in Afghanistan in order to develop a comprehensive policy for the entire region.”

Dexter Filkins of The New York Times has an article, "In Afghan South, Taliban Fill NATO's Big Gaps", which highlights the tenuous situation in the country and possibly makes the Administration's case for a doubling of US troop levels.

4:20 a.m. Now, this is huge. According to The New York Times:

President Obama is expected to sign executive orders Thursday directing the Central Intelligence Agency to shut what remains of its network of secret prisons and ordering the closing of the Guantánamo detention camp within a year.

So the closure is not just of Camp X-Ray but of all the "black sites" involved in the rendition programmes pursued by the Bush Administration. Those sites, reportedly scattered across Eastern Europe, the Middle East, and Central Asia have handled and hidden away far more detainees than the number remaining in Guantanamo Bay. If Obama combines this with an order that US intelligence services do not operate these covert prisons in future, that will be a major step back to legal campaigns against those who threaten American security.

One caveat: this order will not affect Camp Bagram in Afghanistan, which is run by the US military and is by far the biggest American detention facility outside the United States.

3:45 a.m. Well, He's Got Fidel's Endorsement: Castro on-line statement says, "I do not have the slightest doubt of the honesty of Obama when he expresses his ideas."

2:45 a.m. So let me understand this: a President re-takes the oath of office to ensure he adheres to the US Constitution while a former President and his advisors, who trampled all over the Constitution, don't have to do anything?

1:05 a.m. Today Obama will sign the order, which we mentioned yesterday, promising the closure of the Guantanamo Bay detention facility within 12 months.

Morning update (1 a.m.) One of the minor setbacks for President Obama yesterday was the delay in naming a team to implement the approach to the Middle East, Iran, and Central/South Asia. Simple reason --- it wouldn't have been fitting to roll out his special envoys before Hillary Clinton was appointed as Secretary of State.

This will be remedied today with the naming of George Mitchell as envoy to Israel and Palestine, Dennis Ross as envoy to Iran, and Richard Holbrooke as envoy to Afghanistan, Pakistan, and India. The announcement brings back three politicians/diplomats from the global negotiations of the 1990s.

We'll offer an analysis as soon as the news is confirmed but, in brief.... Mitchell (with experience that includes the brokering of a Northern Ireland settlement) is an excellent choice but will be limited by Obama's so-far passive approach to the Gaza crisis and possibly by a policy that will not countenance any inclusion of Hamas in negotiations. Holbrooke (with his record in cases such as the Balkans talks in the 1990s) is well-qualified. Ross (as Bill Clinton's representative in Israel-Palestine talks) has experience but --- with a hard-line towards Tehran and ties with groups that countenance coercion of Iran rather than diplomacy --- could be a major error.

The First Act: Obama Orders Suspension of Military Commissions at Guantanamo Bay

News is just coming through that President Obama has ordered the suspension of all military commissions cases for 120 days at Guantanamo Bay. Currently there are 21 detainees, out of the more than 250 still held, facing prosecutions on charges related to the 9-11 attacks and the "War on Terror".



This is a temporary suspension of the process, not a halt and definitely not a closure of Camp X-Ray. Still, military sources at the prison are telling Al Jazeera that they are "unhappy" with the decision. Further hearings in the case of five men accused of plotting the 9-11 attacks, including Khalid Sheikh Mohammad, were to take place today.

CNN and Fox have not picked up on this story, beyond brief references, so far; however, the difficulties of closing Camp X-Ray have just been reviewed by the BBC radio programme Today.

Closing Guantanamo: Obama Hedges His Promise

Colleagues and I have had a running debate over the likelihood that Barack Obama would shut Camp X-Ray soon after his inauguration as President. Lately, I had swung towards their optimism, in the midst of affirmations by Obama and advisors that he would announce the closure of the detention centre as one of his first acts.

Now, with regret, I have to say my cynical view wasn't completely wrong.



Obama told American televison on Sunday, "I don't want to be ambiguous about this - we are going to close Guantanamo." However, he prefaced this with the caution, "It is more difficult than a lot of people realise." So it will be "a challenge" to shut the prison in the first 100 days of his Administration.

To be fair to the President-elect, he has been boxed in on this issue (as on so many others) by the Bushmen. He can't just release the detainees to their home countries, since in many cases they are not wanted or would face imprisonment and even torture. The American public isn't going to accept supposed bad guys, after almost seven years in detention, running free in the US, and the legal basis for putting the detainees in US jails is uncertain.

So that leaves the alternative of sending the freed men to "third countries" in Europe and Australia. One after another, however --- with the exception of Portugal --- America's friends have said that they are not keen to take on the US responsibility.

Conclusion? The Guantanamo stain on America's reputation won't be removed easily by the new President.