Eight years ago, American forces invaded Afghanistan and during the hostilities captured dozens of men. Actually, after the fighting ended local Afghan forces turned over individuals t the Americans they claimed had been part of the Taliban. To this day, it is unclear whether some of those detainees were simply given to the Americans to settle grudges or because they were not wanted in Afghanistan. Eight years later, President Obama has decided to close the Guantanamo prison. A major problem is use of torture will make difficult introducing evidence into any trials these men might be forced to endure. No states in America are anxious to host in their prisons any of the detainees, no states want their court system to be involved in trying these cases, so the Obama administration is seeking the cooperation of European nations to take in the detainees.
Attorney General Holder is visiting European nations in hope of persuading some to take the prisoners. Hopefully, some of the detainees can be set free, some are unable to return to their own home countries because they will be subject to torture or death. Where does that leave America? On the short end of a very short stick. We wonder if there was a possibility the International Criminal Court could assume jurisdiction over the detainees. We are not certain if this is possible, but certainly it is worth investigating.