Late last night, President Obama signed the 2013 National Defense Authorization Act (NDAA) into law with provisions that restrict the transfer of Guantanamo detainees and further impede closure of the prison. Furthermore, nothing was done to correct provisions in last year’s NDAA that further entrench indefinite military detention, unfair trials, and the U.S. government’s “global war” framework, in U.S. law.
The “global war” framework— which holds that the U.S. government is engaged in a global, pervasive, never-ending “war” with al-Qaeda and other vaguely defined groups and individuals—was first articulated by the Bush administration and has been embraced by the Obama administration.
Expressed in the 2001 Authorization for Use of Military Force and reaffirmed in the 2012 NDAA, this “global war” doctrine is used to justify everything from killings with drones to detention without charge at Guantanamo to renditions (still happening, according to a Washington Post report) to impunity for crimes under international law, including torture and enforced disappearances.
