British Justice Secretary Kenneth Clarke on Monday announced that the government will compensate 16 British citizens and residents who were interned at Guantanamo Bay, Cuba, including six men who filed lawsuits against the British government. Clarke stressed that the settlements, which will result in substantial payments, should "not be taken as any admission of liability." Instead, resolving these lawsuits against the British government could pave the way for an independent investigation into torture allegations.
While this is an important first step in assuming responsibility for the alleged torture and human rights violations carried out at Guantanamo, financial compensation alone is insufficient, and the British government must proceed with its investigation and take accountability for its actions.
Following suit, the Obama administration must take steps to investigate reported and alleged abuse at Guantanamo Bay and accept its culpability where necessary. Until now, the United States has repeatedly attempted to shut down cases that Guantanamo detainees have brought against the government, claiming that the evidence brought to light by such trials would damage American national security. While high−profile lawsuits may not be the best way for the United States to deal with allegations of human rights abuses and torture, or to bring justice to those wrongly imprisoned or abused at Guantanamo, the United States must take action.
The first detainees were imprisoned at Guantanamo in January 2002 following a U.S. Justice Department ruling that the prisoners would remain outside of American jurisdiction, classifying detainees as enemy combatants without prisoner−of−war protections under the Geneva Conventions. Since that time, there have been many reports and allegations of prison abuse, and the U.N. expert on torture recently urged the United States to conduct a full investigation into torture allegations of detainees under the Bush administration. Although the Obama administration pledged to close the prison by January of this year, this deadline has long since passed, and the process has stalled. Obama certainly has his plate full, but he must not continue to allow the Guantanamo issue to fall by the wayside.
Not only do the United States and Britain have a moral obligation to investigate alleged violations, but doing so is a national security imperative. Behaving in a manner that clearly runs counter to international human rights norms hardly allows the United States and Britain to effectively fight their global "war on terror" or to "win the hearts and minds" of Muslims worldwide. More ominously, evidence of inhumane treatment of detainees at the hands of the Americans and British may serve as a rallying cry for extremist groups and leaders who seek to portray the United States and Britain as hypocritical aggressors.
While investigating the actions at Guantanamo will not end anti−American or anti−British sentiments, continuing to ignore or skirt allegations and evidence of human rights violations and torture will damage reputations and the national security objectives of both nations. Britain must proceed with its investigations, and the United States must ramp up its efforts to do the same.
