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. A total of seven detainees out of the 779 men ever held at Guantnamo have been convicted and sentenced. Five of the seven are no longer at Guantnamo 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 Guantnamo, but those who are never charged could spend the rest of their lives in prison. Since nearly all of the men held at Guantnamo have been there since long before 2006 and most were at best low-level flunkies, the government's inability to charge them with providing material support for terrorism means they likely will never face a military commission for a trial that might have enabled them to find a way out of Guantnamo. In September 2006, 14 high-value detainees held in CIA black sites were transferred to military custody at Guantnamo. Only one has been tried and convicted. The law that has evolved from Guantnamo has been a black eye for the country: from the Supreme Court ruling that President Bush's military commissions were illegal to the Washington DC circuit ruling [that] all of the men convicted in military commissions were charged with an offense that was not a legitimate war crime. America's enemies and allies alike, in their criticism of US war on terrorism practices, cite Guantnamo as an example of failed leadership.
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