must be weighed against the enormous legal, moral and political costs of continuing their indefinite detention. While agreement on assurances has long been the central obstacle to repatriation, both governments have failed to adopt clear and consistent policies on repatriation. The Pakistani government has failed to meet its domestic and international duty to uphold the rights of its citizens in U.S. detention. It has failed to invest the necessary political and bureaucratic capital and failed to adopt clear policies on repatriation The United States has placed little priority on resolving these detainees’ cases, failed to adopt standard policies on repatriation—particularly on humane treatment and security assurances—and has tended to overstate the potential security risks that detainees pose. Though the United States is withdrawing combat troops by end 2014, there are troubling indications that it is seeking to continue detaining TCNs long past that deadline. 8 This raises the worrying specter of another Guantanamo Bay on Afghan soil. The time is ripe for both Pakistan and the United States to bring an end to the detention of Pakistani citizens at the DFIP. With the end of the U.S. combat role in 2014, and President Karzai making clear that the Afghan government will not take custody of TCN detainees, the United States is running out of time. 9 Bringing an end to the U.S. war in Afghanistan will mean releasing, or repatriating detainees that it is still holding. It must act now to ensure that it does not repeat the injustice of the past, and condemn TCN detainees to a fate similar to that of Guantanamo detainees, making Bagram yet another “symbol around the world for an America that flouts the rule of law.” 10 In Pakistan, the first peaceful and democratic political transition in the country’s history is a unique opportunity to change course. By forcefully engaging with the U.S. government and acting decisively, the new Pakistani government can establish itself as a strong U.S. partner and a nation that upholds its citizens’ rights. The Pakistani government also has the capability of addressing many of the humane treatment and security concerns that have thus far obstructed progress on negotiations. Dedicating the requisite political will and crafting innovative policy solutions that draw on the resources of both countries could radically change the prospect of successfully resolving detainees’ cases before it is too late. Failure to do so will result in the indefinite detention of Pakistani citizens, prolonging the injustice and suffering of detainees and their families. It will leave an indelible mark on both the United States and Pakistan for years to come. 8 Kevin Sieff, “In Afghanistan, a second Guantanamo”, The Washington Post, 4 August, 2013, http://articles.washingtonpost.com/2013-08-04/world/41067331_1_detention-center-afghanistanguantanamo-bay/2. 9 Emma Graham-Harrison, “US handover of Afghan prisoners to Kabul increases pressure on UK”, The Guardian, 24 March, 2013, http://www.guardian.co.uk/world/2013/mar/24/us-handover-afghan-prisonerspressure-uk. 10 President Barack Obama, Counter-terrorism address at the National Defense University (Full transcript), 23 May, 2013 http://www.guardian.co.uk/world/2013/may/23/obama-drones-guantanamo-speech-text. 6