Washington — With near lightning speed, President Obama
has altered the course of U.S. foreign policy less than 48
hours after taking office by making clear that the country’s
goals and objectives will be consistent with American values
and the rule of law.
Saying “we have no time to lose,” Obama summed
up in a clipped response how urgent he believes it is to
reinvigorate American diplomacy and to chart a new course
in foreign relations.
After signing executive orders and issuing new directions
to the intelligence community, Obama and Vice President
Joseph Biden appeared at the State Department January 22
with newly confirmed Secretary of State Hillary Rodham Clinton
to announce the appointment of special envoys. (See "Secretary
of State Hillary Clinton Calls for Robust Diplomacy.")
In two days, the new administration has set a pace for
taking action not seen in previous administrations. Working
from the White House and State Department headquarters several
city blocks apart, Obama announced the closure of the Guantánamo
Bay detention center in Cuba, abolishment of harsh interrogation
methods by intelligence officers, halting of military tribunals
for suspected terrorists at Guantánamo for at least
120 days, ending of secret prisons maintained by the intelligence
community abroad, and the appointment of two special diplomatic
envoys to deal with Arab-Israeli peace and Afghanistan and
Pakistan.
And in so doing, Obama set a precise standard for U.S.
behavior in its relations with others.
“I think the American people understand that we are
not, as I said in the inauguration, going to continue with
a false choice between our safety and our ideals. We think
that it is precisely our ideals that give us the strength
and the moral high ground to be able to effectively deal
with the unthinking violence that we see emanating from
terrorist organizations around the world,” he said
moments after announcing the closure of the Guantánamo
detention center.
The president said that by his actions he is restoring
the standards of due process and the core constitutional
values that define the United States “even in the
midst of war, even in dealing with terrorism.”
GUANTÁNAMO AND DETAINEES
The changes began with the treatment and detention of detainees
at the U.S. naval base at Guantánamo Bay, Cuba.
Using a process known as executive orders, the president
on January 22 ordered the Guantánamo facility closed
within a year, a process that he acknowledged will be difficult.
He also put together a panel of senior government officials
to determine within 30 days whether the remaining 245 detainees
at Guantánamo would be released, transferred to other
countries, or tried in U.S. courts. (See "Obama
Orders Guantánamo Shut Down.")
The problem, the president said, is that some of the detainees
cannot be tried because of various problems related to evidence
under federal laws. Evidence collection under U.S. laws
must be carried out under exacting standards before a federal
judge will even consider allowing it to be used at a criminal
trial.
At the same time, the president signed an executive order
that abolishes any secret prisons that have been used by
the U.S. intelligence community abroad for dealing with
terrorists. He also ordered that any interrogations carried
out will be under the terms of a U.S. Army field manual
on interrogations, which is consistent with U.S. treaties
and the humane treatment of prisoners under international
laws and obligations. (See "White
House Executive Order on Ensuring Lawful Interrogations.")
The 2006 Army manual the president cited in his executive
order — Field Manual 2-22.3, “Human Intelligence
Collector Operations” — complies with the Geneva
Conventions and all of its protocols, and explicitly prohibits
torture and cruel, inhumane and degrading treatment, and
is also in compliance with the U.S. Detainee Treatment Act
of 2005.
The field manual outlines 19 legal interrogation techniques
and forbids nine others.
“We believe that the Army field manual reflects the
best judgment of our military — that we can abide
by a rule that says we don’t torture, but that we
can still effectively obtain the intelligence that we need,”
Obama said.
“This is me following through on not just a commitment
I made during the [presidential] campaign, but I think an
understanding that dates back to our Founding Fathers, that
we are willing to observe core standards of conduct not
just when it’s easy, but also when it’s hard.”
Retired Navy Admiral Dennis Blair told the Senate Intelligence
Committee on January 22 that the Army manual will be reviewed
for any necessary changes to comply with the president’s
orders, and it will be called “the manual for government
interrogations.” Blair was testifying at his confirmation
hearing to become director of national intelligence.
“I do not and I will not support any surveillance
activities that circumvent established processes or their
lawful authorization,” he testified. “Torture
is not moral, not legal, not effective. The U.S. government
will have a clear and consistent standard for the treatment
of detainees.”
TRIBUNALS HALTED
And at the president’s request January 20, trial
proceedings of detainees at Guantánamo have been
suspended.
Pentagon deputy spokesman Bryan Whitman said the president
directed Defense Secretary Robert Gates to suspend military
commission legal proceedings for 120 days. The president
has indicated that his new administration needs time to
evaluate the military commissions system established to
try detainees accused of war crimes and terrorist acts.
TWO ENVOYS
Secretary Clinton announced at the State Department on
January 22 that former U.S. Senator George Mitchell would
be joining the administration as a special envoy for Middle
East peace and would be focusing on Arab-Israeli issues.
Mitchell led efforts under the Clinton administration to
push peace in Northern Ireland, and led an international
commission that investigated violence between Israelis and
Palestinians.
Clinton also announced that former U.S. Ambassador Richard
Holbrooke, who negotiated the Dayton Accords to end the
1992–1995 Balkan Wars, would return to serve as special
envoy to Afghanistan and Pakistan.
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