Goldsmith: “We Must Win Battle of Ideas and Values” to Defeat Terrorism

The Lord Goldsmith, Attorney General of the United Kingdom, today called for closure of the U.S. detainee facility at Guantanamo Bay.  In a speech to the ABA House of Delegates, Goldsmith noted the need for the U.S. and the U.K. to “win the battle of ideas and values” against terrorism because “our values are tough and fearless but fair.”

Goldsmith cited the continued existence of the Guantanamo facility as an impediment to convincing the world of the justice of our system of values.  He acknowledged that changes have been made under the Military Commissions Act but called them “too little, too late.”

Echoing remarks he made at the International Rule of Law Symposium in September, Goldsmith said that our society must strike a balance between security and protecting our civil liberties.  Even though, he added, this balance isn’t easy, it does not grant “unlimited license to throw away our rights for the sake of expediency.”

He then expressed the need for three commitments to accomplish this:

Respect for the rule of law – legislative and judicial branches of government must scrutinize executive action;

Maintain commitment to fundamental values and freedoms – some civil rights are non-negotiable; and,

Make only necessary, proportionate adjustments to rights -- torture is never acceptable.

He also cited the importance of Article 3 of the Geneva Convention and the right to fair trial.