While fully recognizing the right and duty of states to protect their people and territory from terrorist acts, I remind all branches of the US Government of their obligation under international human rights law to ensure that individuals deprived of their liberty can have the lawfulness of their detention reviewed before a court. Where credible evidence exists against Guantanamo detainees, they should be charged and prosecuted. Otherwise, they must be released.

January marks the tenth anniversary of operations at Guantanamo Bay [JURIST report]. The first detainees arrived in 2002 as "enemy combatants" in the War on Terror declared after 9/11 [JURIST backgrounder]. There are currently 171 detainees [NYT docket] being held at Guantanamo. The Obama administration originally wanted suspected terrorists to be tried before a federal civilian court, but changed its position after Congress imposed a series of restrictions [JURIST reports] barring the transfer of detainees to the US despite repeated appeals from rights groups to utilize civilian courts over military commissions. In 2010, Attorney General Eric Holder [official website] stated that the main goal of the administration is to hold the people responsible [JURIST report] for 9/11 accountable in the most effective way possible.