University of New Hampshire Law Review


[Excerpt] “January 11, 2011 began the tenth year of existence of the detention center at the U.S. Naval Base at Guantanamo Bay, Cuba (“Guantanamo” or “GTMO”). In human-being terms, what this means is that large numbers of men have been detained by the U.S. military for almost a decade, in prison-like conditions, without trial. In a pre-9/11 world, a “Guantanamo” and the idea of “detention without trial” would have been seen as decidedly un-American and a violation of our democratic values. Over the last decade, however, Guantanamo” and the practice of long-term detention without trial for terrorism suspects (or, “preventive detention”), have evolved into institutions of American society that are now perfectly acceptable, indeed desirable to some, and of little concern to many. Indeed, how did we get here, and where are we going? Will the Guantanamo detention center close down in the near future or remain open, housing men indefinitely in the war against terrorism? More significantly, will preventive detention continue its current trajectory, becoming a permanent fixture in America’s national security landscape?”

Repository Citation

Kristine A. Huskey, Guantanamo and Beyond: Reflections on the Past, Present, and Future of Preventive Detention, 9 U.N.H. L. REV. 183 (2011), available at http://scholars.unh.edu/unh_lr/vol9/iss2/5