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Biden’s decision on Afghanistan raises Guantanamo questions
US President Joe Biden’s decision to withdraw all troops from Afghanistan is raising questions about what, if any, effect that will have on the future of the Guantanamo Bay detention center.
According to The Hill, at least two prisoners who have been challenging their detention have already updated their complaints to include Biden’s withdrawal as a reason they should be released.
But according to some experts while the war on terrorism will continue even after the last U.S. service member leaves Afghanistan, the legal justification for indefinite detention at Guantanamo does not appear to be going anywhere anytime soon, The Hill reported.
“I think the short answer is that we just don’t know,” Steve Vladeck, a University of Texas law professor, said of the withdrawal’s effect on Guantanamo.
“It clearly provides the remaining Guantanamo detainees with a new ground on which to challenge the legal basis for their continuing military detention, and one that is not necessarily foreclosed by existing precedent,” he added in an email.
“But it’s not at all clear that courts will be sympathetic to those arguments, not just because they haven’t been to date, but because the Executive Branch is likely to argue that the conflict with al-Qaeda isn’t ending just because we’re leaving Afghanistan.”
Forty men remain detained at the facility opened by former President George W. Bush after the U.S. invasion of Afghanistan. Six have been cleared for transfer, and seven have been charged in the military commission system, including the five 9/11 suspects.
According to The Hill, the Biden administration is in the midst of reviewing the facility with the intention of closing it, but it remains to be seen whether that effort will be successful.
Amid the administration’s review, Biden is facing pressure to fulfill his promise to close the facility and 24 Senate Democrats penned a letter to Biden last week saying he could close the facility with “sufficient political will and swift action.”
“After years of indefinite detention without charge or trial; a history of torture and cruel, inhuman, and degrading treatment; and multiple attempts at a thoroughly failed and discredited military commission process, it is past time to close Guantanamo’s detention facility and end indefinite detention,” read the letter, which was organized by Senate Majority Whip Dick Durbin and Senate Appropriations Committee Chairman Patrick Leahy.
When Biden announced earlier this month he was ordering a full withdrawal from Afghanistan by September 11, he declared, “It’s time to end the forever war.”
But Alli McCracken Jarrar, North American campaigner for Amnesty International, told The Hill that if Biden is serious about ending the “forever war,” he will close Guantanamo.
“I hope that he can align his timeline to withdraw from Afghanistan with his plan to close Guantanamo,” she said. “It would be wonderful to see the whole detention camp shut down and the men transferred out by September 11. And I think that would make a lot of groups feel happy and would really be a positive sign that he’s committed to his human rights obligations.”
The Hill reported that last week, lawyers for two Guantanamo detainees filed motions for the release of their clients, citing the withdrawal.
One of the two detainees is Asadullah Haroon Gul, an approximately 40-year-old Afghan captured by Afghan forces in 2007. His lawyers argued in a motion seeking their client’s immediate release that the withdrawal takes away any basis to continue holding him.
“The law is clear: Asadullah gets to go home now, regardless of whether, as the government incorrectly contends, he was part of or substantially supported al- Qaeda,” his lawyers wrote in the motion.
Roza Otunbayeva, Head of the United Nations Assistance Mission in Afghanistan (UNAMA), recently visited the city of Maimana in northern Afghanistan, where she met with local officials, entrepreneurs, and UN staff.
UNAMA wrote on its Facebook page on Sunday, that during the visit, entrepreneurs — including women — met with Otunbayeva, and requested support to facilitate access to new markets, particularly in Uzbekistan.
UNAMA further stated that among these entrepreneurs was a group of women who, with the support of the United Nations Development Programme (UNDP), had established a tailoring workshop.
They expressed their appreciation for the support received and spoke about the significant growth and development of their business.
UNAMA added that the organization remains committed to promoting economic opportunities and empowering Afghan communities, especially women.
Anand Prakash, head of the Afghanistan, Iran and Pakistan Division of the Indian Ministry of External Affairs, met with Acting Foreign Minister Amir Khan Muttaqi in Kabul for talks on various issues.
According to a press release issued Sunday by the Afghan Foreign Ministry, bilateral political relations, trade, transit and recent political developments in the region were discussed in the meeting.
Muttaqi stressed the need for the expansion of diplomatic and economic relations between the two countries and explained that Afghanistan currently offers favorable opportunities for investment. He said Indian investors should take advantage of these opportunities.
He also said that facilities should be created for the movement of people between Afghanistan and India and the issuance of visas for medical purposes, students and businessmen should return to normal.
Meanwhile, Prakash said that relations with Afghanistan are important for India and he hopes that these relations will expand further in various fields.
He stressed that India will continue its cooperation with Afghanistan and wants to invest in some infrastructure projects and restart projects that were paused for some time.
The two sides also emphasized the expansion of relations, the exchange of delegations, visa facilitation and bilateral cooperation.
Acting Foreign Minister Amir Khan Muttaqi has said in a phone call with his Uzbek counterpart that Afghanistan is fully prepared for the implementation of the Trans-Afghan railway project.
During the call, the two sides discussed strengthening bilateral and multilateral relations, as well as expanding political, economic and transit cooperation, the Ministry of Foreign Affairs in Kabul said in a statement on Sunday.
Uzbek Foreign Minister Bakhtiyor Saidov noted that Afghanistan’s exports to Uzbekistan have tripled in the first four months of 2025 compared to last year. He vowed to create more facilities in the field of trade and transit between the two countries, especially in issuing visas to Afghan citizens.
Meanwhile, Amir Khan Muttaqi said that Afghanistan is fully prepared for the implementation of major economic projects such as the Trans-Afghan railway project and for the strengthening of political, trade and transit cooperation with Uzbekistan. He said that the existing opportunities should be utilized for the mutual benefit of the two countries.
The two sides also discussed the holding of a trilateral meeting between Afghanistan, Uzbekistan and Pakistan at the level of foreign ministers and agreed to coordinate through diplomatic channels to determine the exact date and place of the meeting.
The three neighboring countries signed an agreement in February 2021 to construct a 573-kilometer railway line through Afghanistan, connecting landlocked Central Asia to Pakistan seaports, with an estimated cost of $4.8 billion to enhance regional economic connectivity.
Pakistan’s Deputy Prime Minister and Foreign Minister Ishaq Dar held a telephone conversation with Uzbek foreign minister last Thursday to discuss the Trans-Afghan railway project.
Dar expressed hope that the three countries would soon sign a framework agreement on this important regional project.
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