Walking the walk on Guantanamo

The “war on terror” appears to be finally over under President Obama. The new US administration has overturned the worst excesses of President Bush’s policies – shutting the CIA’s secret prisons and announcing the closure of Guantanamo Bay. The US’ counterterrorism strategy under Obama is moving in the right direction – with a new commitment to the rule of law and international legitimacy. But Obama is suffering problems at home, especially with his promise to close Guantanamo by January next year, proving that the legacy of Bush’s “war on terror” still lives on.

The European Union has a strong interest in Obama’s efforts to find a new basis for US counterterrorism. Divisions between Europe and the United States were an enormous problem in the fight against terrorism, and many European governments were drawn into uneasy cooperation with the United States that violated European principles. Now there is a real chance for the European Union to work with Obama’s administration to help define new transatlantic standards for combating terrorism. Europe must seize this opportunity – but to do so it must first show it is willing to help with the urgent problem of closing Guantanamo.

There are around 50 individuals detained there whom the United States is willing to release, but who cannot return to their own countries because they would be persecuted. Obama has asked Europe to provide a home for some of these men. But the EU’s response has been hesitant. So far, security concerns have largely dominated the European debate, with little attention to the bigger strategic interests at stake.

France has recently accepted an Algerian citizen from Guantanamo, and several other EU countries – including Portugal, Spain, Ireland, Italy, Lithuania and Belgium – have said they will consider admitting further detainees.

On June 4 the EU took an important step forward by agreeing a framework for member states that wish to admit detainees - including provisions for sharing information that is necessary because of the right of freedom of movement within the Schengen area. The framework agreement was also significant because it made clear that European assistance for Guantanamo detainees would take place in the context of a broader review of US counterterrorism policy. Now it is essential that member states follow up on this agreement by quickly agreeing to take some individual detainees into their countries. To make this easier, the United States will also have to accept some Guantanamo prisoners for residence there - as the EU statement recognised.

European governments may not agree with all the steps that Obama has taken so far. Unlike EU member states, Obama continues to believe that the US is engaged in an armed conflict with al-Qaeda, and claims the right to detain some terrorist suspects without trial or prosecute them before military courts. But Europeans should recognise that Obama’s approach does represent a genuine change from his predecessor, with greater respect for international law and fundamental human rights. Some of his policies may fall into a grey area, where EU governments can accept them as legitimate even if they do not take the same view themselves.

Obama’s steps to unwind the “war on terror” have provoked furious domestic opposition. Critics, including former Vice-President Dick Cheney, have argued that closing Guantanamo is a gesture to appease Europeans. But Obama has responded that it is only by dividing the United States from its allies that al-Qaeda can hope to succeed. The EU should step up and support Obama’s efforts. If Europeans are seen to be unwilling partners in combating terrorism, Obama’s moves to restore American legitimacy will seem pointless.

Ultimately, the EU and the US should work towards a common approach to confronting terrorism in line with international law. They should aim to publish a joint declaration of fundamental principles for counterterrorism, perhaps under the Spanish presidency of the EU next year. This would be a dramatic way of showing the world that the divisions of the years since 2001 have been overcome. The US Deputy Secretary of State, James Steinberg, floated the idea of a joint declaration earlier this year. Now it is up to Europe to respond.

But first, Europe must move quickly to to help Obama deal with the lingering problem of Guantanamo. This would allow Europe to show itself as a credible ally, and gain influence as Obama formulates his counterterrorism strategy. There are also strong reasons of human decency for European countries to admit detainees who have spent years in limbo and deserve the chance to reconstruct their lives.