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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.
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IEA says Iranian drivers no longer need visas to enter Afghanistan
Mohammad Yousuf Saeedi, spokesperson for the governor of Herat, announced on Friday that Iranian cargo truck drivers will no longer need visas to enter Afghanistan.
Saeedi said that, by order of the leader of the Islamic Emirate, starting Saturday, Iranian transit vehicles will be allowed to enter Afghanistan without a visa or a “road pass.”
According to him, the implementation of this decision will reduce transportation costs and, as a result, lower the prices of goods.
Noor Ahmad Islamjar, the governor of Herat, visited the Islam Qala border crossing on Friday to review the implementation of this order. During the visit, he discussed the details of executing the plan with officials from relevant departments, including representatives from the Ministry of Foreign Affairs, Public Works, Customs, and Transport.
Starting Saturday (March 28), foreign cargo vehicles are expected to enter the Islam Qala border without the need for a visa or road pass, unload their goods, and then return to their destinations.
The statement added that implementing this plan could reduce transportation fares on one hand and, by lowering transport costs, help decrease the prices of goods on the other.
This process will create daily job opportunities for more than 1,000 people.
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Afghans in Iran face growing uncertainty as war enters second month
The organization said that since the start of the war, more than 35,000 Afghans have returned to Afghanistan.
Millions of Afghans living in Iran are facing increasing uncertainty and hardship as the war in the country enters its second month, according to the Norwegian Refugee Council (NRC).
In a statement, NRC Secretary General Jan Egeland warned that more than four million Afghans residing in Iran are among the most vulnerable groups affected by the ongoing conflict. Many Afghan families have lost their only sources of income as informal work has collapsed amid continuous airstrikes and economic disruption.
According to the NRC, a large number of Afghans live in major cities that have come under heavy attacks. Many are unable to flee to safer areas because they have nowhere to go or lack legal permission to travel.
The organization said that since the start of the war, more than 35,000 Afghans have returned to Afghanistan, while over one million Afghan migrants in Iran remain at risk of deportation to a country already struggling with humanitarian challenges.
Egeland noted that after a month of sustained Israeli and U.S. bombardment across Iran, the civilian population is exhausted and deeply traumatized. Millions of people have already fled their homes in search of safety, while others remain trapped in dangerous conditions.
Reports indicate that thousands of homes, hospitals, and schools have been damaged or destroyed across Iran. NRC staff in Tehran say many neighborhoods have suffered significant destruction, while families are taping their windows to prevent injuries from shattered glass caused by nearby explosions.
The war has also severely disrupted daily life, with internet outages and major disruptions to banking services making it increasingly difficult for residents to access basic needs.
According to available data, about 2,700 people have been killed across the Middle East in attacks involving the United States, Israel, and Iran, with more than half of the casualties reported inside Iran. Iran’s Health Ministry says that between February 28 and March 25, at least 1,500 people were killed and over 18,000 injured in the country.
Humanitarian organizations warn that funding for life-saving assistance in both Iran and Afghanistan remains critically low. Aid agencies say they lack sufficient resources to prevent hunger and provide emergency shelter for displaced families.
Egeland warned that if the war continues, the region could face a far larger humanitarian crisis, with millions potentially forced to flee across borders and placing further pressure on already fragile neighboring countries.
He called on all parties involved in the conflict to respect international humanitarian law, stop attacks on civilians and civilian infrastructure, and work toward a diplomatic solution to end the crisis.
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Russia deems US military presence in Afghanistan unacceptable
Kabulov’s remarks came in response to growing concerns regarding the U.S. military’s presence in the Middle East, particularly amid rising tensions with Iran.
Russia has strongly condemned any potential return of U.S. military forces to Afghanistan, specifically the possibility of reopening Bagram Air Base, calling such moves “categorically unacceptable.” The statement was made by Zamir Kabulov, the Russian President’s special representative for Afghanistan and senior adviser to the Russian Foreign Ministry, in an interview with RIA Novosti.
Kabulov emphasized that Moscow opposes the establishment of any U.S. or NATO military infrastructure on Afghan soil or in neighboring regions, under any pretext. He also expressed hope that the Taliban-led government in Afghanistan, known as the Islamic Emirate of Afghanistan, would share Russia’s stance on the issue.
Kabulov’s remarks came in response to growing concerns regarding the U.S. military’s presence in the Middle East, particularly amid rising tensions with Iran. There have been reports suggesting that the U.S. might seek access to Bagram Air Base again as part of a strategic pivot in the region.
Recalling the previous administration under former U.S. President Donald Trump, Kabulov noted that the U.S. had persistently sought to regain control of Bagram Air Base following its chaotic withdrawal from Afghanistan in August 2021. “There is nothing new in these demands,” Kabulov stated, referring to the ongoing push by the U.S. to re-establish a military foothold in the region.
Russia’s firm stance reflects its broader geopolitical concerns regarding the influence of the U.S. and NATO near its borders, particularly in Central Asia and Afghanistan.
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