Morris Davis writes: Twelve years ago, on 13 November 2001, President George W Bush signed an order authorizing the detention of suspected al-Qaida members and supporters, and the creation of military commissions. To borrow a line from the Grateful Dead: “What a long, strange trip it’s been.”

The order was modeled on one issued by President Franklin D Roosevelt on 2 July 1942, authorizing a military commission to try eight Nazi saboteurs apprehended in the United States. The men were captured, convicted and six of the eight executed in a span of 43 days. Roosevelt’s military commission was swift, secret and severe, so some urged President Bush to dust it off and use it again.

A total of seven detainees out of the 779 men ever held at Guantánamo have been convicted and sentenced. Five of the seven are no longer at Guantánamo creating a paradox: you have to lose to win. Those lucky enough to get charged and convicted of a war crime have good odds of getting out of Guantánamo, but those who are never charged could spend the rest of their lives in prison. [Continue reading…]