President Trump’s Unsound Action Regarding the U.S. Prison at Guantanamo Bay, Cuba    

On January 30, just before leaving the White House for his State of the Union Address at the Capitol, President Donald Trump signed an executive order regarding the U.S. prison at Guantánamo Bay, Cuba.

The Guantanamo Bay Executive Order[1]

The Executive Order entitled “Presidential Executive Order on Protecting American Through Lawful Detention of Terrorists” started with these Findings:

  • “Consistent with long-standing law of war principles and applicable law, the United States may detain certain persons captured in connection with an armed conflict for the duration of the conflict” and that since 9/11 the U.S. “remains engaged in an armed conflict with al-Qa’ida, the Taliban, and associated forces, including the Islamic State of Iraq and Syria.” (Section 1(a), (b).)
  • “The detention operations at the U.S. Naval Station Guantánamo Bay are legal, safe, humane, and conducted consistent with United States and international law.” (Section 1(c ).) “Those operations are continuing given that a number of the remaining individuals at the detention facility are being prosecuted in military commissions, while others must be detained to protect against continuing, significant threats to the security of the United States, as determined by periodic reviews.” (Section 1(d).)

The Order than addressed the Status of Detention Facilities at U.S. Naval Station Guantánamo Bay. After revoking President Obama’s January 22, 2009, executive order ordering the closure of those facilities (Section 2(a)),  it stated, “Detention operations at U.S. Naval Station Guantánamo Bay shall continue to be conducted consistent with all applicable United States and international law, including the Detainee Treatment Act of 2005” and the U.S. “may transport additional detainees to U.S. Naval Station Guantánamo Bay when lawful and necessary to protect the Nation.” (Section 2 (b), (c))

The Order also directed certain government officials to “recommend policies to the President regarding the disposition of individuals captured in connection with an armed conflict, including policies governing transfer of individuals to U.S. Naval Station Guantánamo Bay.” (Section 2 (d).)

There, however, were modest concessions to the plight of the detainees and other interests. It states, the detainees “shall [be] subject to the [previously established] procedures for periodic review . . . to determine whether continued law of war detention is necessary to protect against a significant threat to the security of the United States” (Section 2(e)); the order shall not “prevent the Secretary of Defense from transferring any individual away from the U.S. Naval Station Guantánamo Bay when appropriate, including to effectuate an order affecting the disposition of that individual issued by a court or competent tribunal of the United States having lawful jurisdiction” (Section 3(a); the order shall not “affect existing law or authorities relating to the detention of United States citizens, lawful permanent residents of the United States, or any persons who are captured or arrested in the United States” (Section 3(b); and the order shall not “prevent the Attorney General from, as appropriate, investigating, detaining, and prosecuting a terrorist subject to the criminal laws and jurisdiction of the United States” (Section 3 (c ).

The State of the Union Address[2]

The President announced that he had “just signed an order directing Secretary Mattis to reexamine our military detention policy and to keep open the detention facilities at Guantánamo Bay. I am also asking the Congress to ensure that, in the fight against ISIS and al-Qa’ida, we continue to have all necessary power to detain terrorists — wherever we chase them down.”

He also said, “My Administration has also imposed tough sanctions on the communist and socialist dictatorships in Cuba and Venezuela.”

Reactions

Roger Cohen, a New York Times columnist, said the prison at Guantanamo Bay “is widely viewed around the world as a facility incompatible with the American principles of fair trial, human rights and the rule of law.” Moreover, this decision “will be seen by many as a signal of an American return to the excesses of the war on terror — the use of torture, extraordinary renditions and C.I.A ‘black sites.’”[3]

Admiral Dennis Blair, the former Director of National Intelligence, said Cohen, once testified to Congress that the “detention center at Guantánamo has become a damaging symbol to the world and that it must be closed. It is a rallying cry for terrorist recruitment and harmful to our national security, so closing it is important for our national security.”

The Center for Constitutional Rights (CCR) stated, “Trump’s planned executive order is not the last word on the fate of Guantánamo, any more than his attempted Muslim bans and arbitrary transgender military ban—struck down by the courts—were the last word on those matters. CCR has filed a new legal challenge to the illegality and racism driving Trump’s Guantánamo policy and demanding detainees’ release. It is the courts, not the authoritarian-in-chief, that will ultimately determine the fate of the men detained at Guantánamo.”[4]

The just mentioned CCR action on behalf of 11 Guantánamo detainees was filed on January 11, 2018, in the U.S. District Court for the District of Columbia. It alleges that Trump’s proclamation against releasing anyone from Guantánamo, regardless of their circumstances is arbitrary and unlawful and amounts to “perpetual detention for detention’s sake.”  This move was supported by Muslim, Faith-Based and Civil Rights Community Organizations.[5] On January 18, the court ordered the federal government to provide information about its Guantánamo policy.[6]

The New York Times in an editorial supported this challenge to the continued detention of individuals at the U.S. prison in Cuba. The editorial stated, “the men make a straightforward case for their release. The Supreme Court has ruled that prisoners at Guantánamo must have a “meaningful opportunity” to challenge the legal and factual grounds for their detention, which means that the federal courts have the power to review those claims and grant any appropriate relief. If the Constitution stands for anything, the plaintiffs argue . . ., it must stand for the proposition that the government cannot detain someone for 16 years without charge.”[7]

Conclusion

The U.S. prison at Guantánamo Bay has long been a major source of legitimate complaints against the U.S. and should be closed as soon as possible, not potentially expanded as this Executive Order would permit. In addition, this prison provides Cuba with its strongest argument that the U.S. has breached its 1905 lease of the site of the prison from Cuba.[8]

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[1] White House, Presidential Executive Order on Protecting American Through Lawful Detention of Terrorists (Jan. 30, 2018).

[2]   White House, President Donald J. Trump’s State of the Union Address (Jan. 30, 2018).

[3] Cohen, Trump’s Volk and Vaterland, N.Y. Times (Jan. 31, 2018).

 

[4] Center for Const’l Rts, Guantánamo Attorneys blast Trump “Keep Gitmo Open” Order (Jan. 30, 2018).

[5]  Brief of Amici Curiae Muslim, Faith-Based, and Civil Rights Community Organizations in Support of Petitioners’’ Motion for Order Granting Writ of Habeas Corpus, Awad al Bihani v. Trump, Case No, 1:09-cv-00745-RCL (D.D.C. Jan. 22,  2018).

[6] Center Const’l Rts, Court Orders Government to Clarify Guantánamo Policy, Attorneys React (Jan. 18, 2018); Order, Awad al Bihani v. Trump, Case No, 1:09-cv-00745-RCL (D.D.C.J an. 18, 2018).

[7] Editorial, Donald Trump vs. Guantánamo’s Forever Prisoners, N.Y. Times (Jan. 16, 2018).

[8]  See these posts to dwkcommentaries.com: Resolution of Issues Regarding Cuba Lease of Guantánamo Bay (April 4, 2015); Resolution of U.S. and Cuba’s Damage Claims  (April 6, 2016); Does Cuba Have the Right To Terminate the U.S. Lease of Guantánamo Bay? (April 26, 2015)

 

The Mission of Morocco’s Ministry of Endowments and Islamic Affairs

The mission of Morocco’s Ministry of Endowments and Islamic Affairs was explicated in a September 2014 speech by its Minister, Ahmed Toufiq, to an Open Briefing by the U.N. Security Council’s Counter-Terrorism Committee.[1] To the right is his photograph.

Two other representatives of the Moroccan government made more general statements at the briefing: H.E. Mr. Nasser Bourita, Secretary-General of the Ministry of Foreign Affairs of the Kingdom of Morocco; and Mr. Yassine Mansouri, Director General of the Directorate General of Studies and Documentation of the Kingdom of Morocco.[2]

This briefing was opened by the Committee’s Chair, Ambassador Raimonda Murmokaitë, the Permanent Representative of Lithuania to the U.N., who stated that the theme of this open briefing– countering incitement to commit terrorist acts motivated by extremism and intolerance–was prompted by the Committee’s 2013 visit to Morocco and identifying its national strategy to promote dialogue among civilizations as a good practice to be shared among other States. The Chair noted, “Whether in developing or developed States, religious leaders can play a pivotal role in creating an environment of peaceful coexistence. By promoting intra-religious and interreligious reflection and dialogue, governments can help build trust within societies and within public institutions.”

Minister Ahmed Toufiq’s Statement[3]

Minister Toufiq started with the assertion that many Islamic terrorist groups seek to take advantage of the following religious beliefs of most observant Muslims: (1) “religion gives meaning to life;” (2) “some events that have taken place in recent history are ambiguous and tend to disturb the conscience that believes in the ideal values of religion;” (3) “justice at all levels is a central value in religion;” and (4) “religion encompasses all the bases of life and . . . regulates [life] for both individuals and community.”

At the same time, he said, observant Muslims can be vulnerable to some Islamic terrorists’ messages due to (a) “a belief that “political legitimacy [is based upon a] commitment to the fundamentals of religion;” (2) Islamic terrorists’ “interpretation of [Islamic religious] texts in the absence of a respectable qualified [Islamic] religious authority;” and (3) the “absence of or shortcomings in [Islamic] religious leadership and supervision or religious services.”

In these historical circumstances, Morocco’s King Mohammed VI as the country’s Commander of the Faithful has pursued policies to prevent terrorism: adopting reforms and actions in accordance with religious fundamentals (defending religion, protecting life, guarding against harmful ideologies, preserving property and defending honor and dignity); and implementing reforms to enhance security, justice and living conditions and thereby consolidate solidarity and combat social marginalization and exclusion. These measures include the following:

  • Adherence to the Ash’ari doctrine that does not excommunicate people or impose death sentences for transgressing Devine Decrees;[4]
  • Adherence to the Maliki school of jurisprudence that encompasses a “rich variety of methods to derive rulings from their sources;” that has “flexibility in integrating local cultural practices within the sphere of Islamic Law;” that recognizes the “importance [of] . . . public interest [including] . . . a fatwa (ruling) . . . that the laws that are promulgated in Morocco all have religious legitimacy.”[5]
  • “Preservation of the spiritual dimension of Islam known for its mysticism (Sufism). . . [that calls] the soul to account as a means to reach ethical perfection . . . . [that raises] the awareness of the sanctity of the Other, [that] curbs unhealthy enthusiasm for racial and tribal belonging and [that] sets up institutions that provide assistance, protection, education and development.”[6]

The Commander of the Faithful also has established the High Council for Religious Affairs as a modernization of Morocco’s long-standing Order of religious scholars to “implement the fundamentals of religion, especially in mosques, the intellectual enhancement of the caretakers of religion and of the general public, which would definitely curb negative phenomena such as terrorism.” They do so “in conformity with the great principle known in Islam as ‘enjoining good and forbidding evil.’”

The High Council, therefore, takes “charge of issuing fatwas pertaining to political life and social activity, while people’s statements on religion remain mere opinions whose free expression is guaranteed so long as [they] do not violate the law.” The Council thereby has “demonstrated through legal proof . . . that there is no cogent proof for terrorism in religion.”

The Commander of the Faithful also has substantially increased the budget allocated to religious services, including “holding in-service training of imams under the supervision of the legal scholars; training young imams from among university graduates; [and] training spiritual guides from among female university graduates . . . to provide guidance to women and men in mosques, . . . schools, hospitals and prisons.”[7]

Conclusion

The above comments about Islam in Morocco were placed in broader context by the following statement in the remarkable website “Morocco on the Move” maintained by the Moroccan American Center, a group of three U.S. NGOs:

  • “Morocco has a long history of religious diversity and tolerance. Freedom of worship is guaranteed by Morocco’s Constitution, and in contrast to other parts of North Africa or even Europe, Morocco is internationally recognized for peaceful coexistence among the country’s Muslims, Jews, and Christians.”
  • “Morocco protected its Jewish citizens from anti-Semitic laws during World War II, and in 2009, King Mohammed [VI] became the first Arab leader to denounce the Holocaust, calling it ‘one of the most tragic chapters of modern history.’ Morocco has a vibrant Jewish community, with thriving synagogues and schools. Members of the Jewish community have played and continue to play key roles in Moroccan political life, such as serving as a senior royal advisor, an ambassador-at-large, and parliamentary candidates.”

Although, as noted in a prior post, the U.N. Human Rights Committee has pointed out weaknesses in Morocco’s freedom of religion, as a non-Moroccan and a non-Muslim, I am impressed by Morocco’s intelligent analysis of the threat posed by terrorists, especially from ISIS and Al Qaeda, Morocco’s crafting of responses to emphasize the true peacefulness of Islam and the leadership of King Mohammed VI. I also especially solicit corrections and elaborations of the above account.

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[1] Morocco’s involvement with the U.N. Security Council’s Counter-Terrorism Committee and other multilateral and bilateral efforts to combat terrorism was discussed in a prior post. Another such multilateral effort was its July 2015 hosting of the inaugural conference of the United Nations Counter-Terrorism Centre (UNCCT) – Global Counterterrorism Forum (GCTF) Border Security Initiative (BSI). (U.N. Counter-Terrorism Centre, Inaugural Conference of the United Nations Counter-Terrorism Centre-Global Counterterrorism Forum Border Security Initiative (July 2015).

[2] Talking Points of Ambassador Nasser Bourita (Sept. 30, 2014); Director General Mansouri, Speech to U.N. Security Council Counter Terrorism Committee (Sept. 30, 2014).

[3] Toufiq, Speech at U.N. Security Council’s Counter-Terrorism Committee (Sept. 20, 2014).

[4] According to Wikipedia, Ash’ari theology is an early theological and orthodox school of Sunni Islam that holds that interpreting the Quran and the Hadith should keep developing with the aid of older interpretations. While it depends on rationalism, it also holds that the unique nature and attributes of Allah cannot be fully understood by human reasoning and the senses.

[5] According to Wikipedia, Maliki is one of four major schools of religious law within Sunni Islam. Its sources for Islamic law (Sharia) are hierarchically prioritized as follows: Quran and then trustworthy Hadiths (sayings, customs and actions of Muhammad); if these sources were ambiguous on an issue, then `Amal (customs and practices of the people of Medina), followed by consensus of the Sahabah (the companions of Muhammad), then individual’s opinion from the Sahabah, Qiyas (analogy), Istislah (interest and welfare of Islam and Muslims), and finally Urf (custom of people throughout the Muslim world if it did not contradict the hierarchically higher sources of Sharia).

[6] According to Wikipedia, Sufism believes that it is possible to draw closer to God and to more fully embrace the divine presence in this life. The chief aim of all Sufis is to seek the pleasing of God by working to restore within themselves the primordial state of human nature (fitra) as described in the Quran. In this state nothing one does defies Allah, and all is undertaken with the single motivation of love (ishq).

[7] In May 2014, King Mohammed VI launched the Mohammed VI Institute for the Training of Imams, Morchidines, and Morchidates in Rabat, which will welcome students from Morocco, Africa, and the Middle East to promote religious moderation and tolerance in the region.

 

 

 

An Exciting Introduction to Morocco 

Last month my wife and I went on a wonderful two-week tour of Morocco with Overseas Adventure Travel. Here is the OAT map for the tour:

We were impressed by the country’s fascinating history and people, its beautiful architecture, cities and rugged Atlas Mountains, the immensity of the rolling Sahara Desert along its southern border and its current construction boom.

While there we also learned of Morocco’s recent re-establishment of its diplomatic relations with Cuba, a country about which I have written a lot, and of Morocco’s membership in the African Union, both related to Morocco’s lingering conflict over the Western Sahara, which was the subject of a recent U.N. Security Council resolution, all of which were discussed in recent posts.[1]

Also fascinating was the country’s religious profile. Its population of 33.7 million is 99% Sunni Muslim with 1% Shia Muslims, Christians, Jews and Bahias. In every town the mosques’ minarets were the instantaneously recognizable tallest structures.[2]

Our OAT tour guide told us that the current king, Mohammad VI, has been leading efforts to ensure that Muslims in Morocco are not encouraged to join extremists groups like ISIS or Al Qaeda. All imams have to complete an education course at the capitol at Rabat that is organized and administered by the government’s ministry of religious affairs (The Ministry of Endowments and Islamic Affairs of the Kingdom of Morocco) and that excludes the extremist ideologies promoted by ISIS and Al Qaeda.

We also were told that neither the government nor the Muslim leaders discriminate against Christians or Jews, and we visited a synagogue in Fez. On the other hand, we were told, the Christians and Jews are forbidden from preaching or proselytizing or evangelizing in public.

Previously I had learned that the five “pillars” of Islam are (1) shahada, declaring as a matter of faith and trust that there is only one God (Allah) and that Mohammad is God’s messenger; (2) salat, saying the Islamic prayer five times a day; (3) zakat, giving to the poor and needy; (4) slym, fasting during the month of Ramadan; and (5) haji, making a pilgrimage to the holy city of Mecca at least once in a lifetime.

Although in Morocco I only experienced hearing the call to prayer over a minaret’s loudspeaker, I came to see these pillars of faith as similar to various practices of Christian spirituality, as ways of reinforcing a believer’s connections with God (Allah), and as ways that help believers live in accordance with the will of God (Allah). These pillars and practices, in my opinion, also rest on the belief that no one is perfect, that all find it too easy to stray from the path of faithfulness and that all need reminders of God or Allah’s way.

I felt fortunate that my Minneapolis church (Westminster Presbyterian) has warm relations with a local mosque and that we have hosted at least two worship services including its leaders. [3]

After returning to the U.S., I conducted research and discovered more about the previously mentioned government ministry; Morocco’s positive relations with international anti-terrorism groups; the important Declaration of Marrakesh promoting respect for religious minorities in Muslim countries; the most current U.S. State Department’s assessment of Morocco’s religious freedom; and the nature of current U.S.-Morocco relations. These topics will be explored in subsequent posts.

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[1] Cuba and Morocco Re-Establish Diplomatic Relations, dwkcommentaries.com (May 7, 2017); U.N. Security Council Orders More Negotiations About the Western Sahara Conflict, dwkcommentaries.com (May 9, 2017).

[2] CIA World Factbook, Morocco.

[3] Interfaith Worship Service at Minneapolis’ Westminster Presbyterian Church, dwkcommentaries.com (Dec. 2, 2015); A Christian-Muslim Conversation About Forgiveness, dwkcommentaries.com (May 15, 2017).