A New System of Preventive Detention?

Some have argued that the detention center at Guantanamo Bay cannot be closed until the U.S. passes new preventive detention laws that would allow it to detain those who cannot be tried but are considered too dangerous to release. This article rejects these claims, concluding that the existing criminal justice system can adequately deal with those who the U.S. should be seeking to detain. The article also warns of the costs of trying to set up an entirely new system of detention without charge. The article cautions that such a system will negate many of the reputational gains associated with the closure of Guantanamo, will undoubtedly be subject to multiple court challenges and delay, and will put a continuous spotlight on those subject to this alternative detention system—allowing them to glorify themselves as martyrs, rather than forcing them to bear the opprobrium of a criminal conviction.