Stanley Foundation: The Cost of Confusion: Resolving Ambiguities in Detainee Treatment

Authors: Kenneth Anderson and Thomas Barnett
March 1, 2007

Excerpt:

The treatment of detainees -- interrogation,
detention, and trial -- has been among the
most controversial policies in the Bush
administration's global war on terrorism. Indeed,
many of the questions that have arisen in the
detainee treatment debate are fundamental to
counterterrorism policy, and the next administration
will have to provide its own answers as a
basis for whatever approach it adopts. What has
been the import of declaring a "war on terror"?
Is this a wise or sustainable organizing principle
for counterterrorism policy? What are the respective
roles of the three co-equal branches of government
in establishing and enforcing the rules?
What is the relationship between national security
and respect for human rights? Are security and
rights competing interests in a zero-sum game?

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