Guantanamo ay and the United States
History of Guantanamo ay, and the U.S. Involvement with Guantanamo ay

The Legality of the U.S. Occupation of Guantanamo ay

Why Do the U.S. Hold Guantanamo ay?

The Legal Position Regarding the U.S. eing in Guantanamo ay

Recent Events at Guantanamo ay: Camp X-Ray and Camp Delta

The Legal Position Regarding Events at U.S. Camps in Guantanamo ay

The Geneva Convention and Guantanamo ay

In the last two years the U.S. naval base at Guantanamo ay in Cuba has regularly been seen in the news due to the imprisonment of hundreds of Muslims held there by the United States without trial (CSC, 2003).

It is well documented that the prisoners are held in terrible conditions and they have included minors (CSC, 2003). Cuba has surprisingly come under fire from some quarters for allowing this behaviour on their land, but it is important to explain that Cuba has no power over this area of…...

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Bibliography

AI (2004). Amnesty International Report, entitled Guantanamo Bay: A Human Rights Scandal. Available at on 13th May 2004.http://web.amnesty.org/pages/guantanamobay-index-engAccessed

Bennathan, J. (2003). A Nation Above the Law: Guantanamo Bay. New Statesman, July 21st 2003. Accessible from www.findarticles.com/cf_dls/m0FQP/4647_132/106058987/p1/article.jhtml Accessed on 11th May 2004.

Byers, M. (2002). Ignore the Geneva Convention and put our own citizens at risk. (Civil Liberties Watch). Article in Humanist, accessible at   Accessed on 10th May 2004.http://www.findarticles.com/cf_dls/m1374/2_62/83794489/p1/article.jhtml .

CSC (2003). How the U.S. stole Guantanamo Bay. Available at   on 10th May 2004.http://www.cuba-solidarity.org.uk/cubasi_article.asp?ArticleID=27Accessed 

S. The UN claim that the torture in these camps have reaches another level, the inmates are exposed to extreme temperatures and are fed through nasal tubes, the inmates are also exposed to extreme conditions produced by light and sound. The UN also claims that the prisoners have had mental break downs many a time and they are also denied the facility of contacting an outsider, this means that they can't even hire a lawyer for their rescue. AU.S. soldier was reported to have flushed the Koran, the holy book of Muslims in the toilet, this sparked off a protest but the same got wavered and nothing came out of it. The U.S. soldiers slam the heads of the prisoners against the cell; many more unimaginable things are done by the U.S. soldiers' day in and day out. "The U.S. says interrogations are yielding useful intelligence, including some from inmates…...

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References

Guantanamo Bay. In BBC News. Retrieved on 8 December 2008 at  http://news.bbc.co.uk/1/hi/world/americas/4720962.stm 

De Zayas, Alfred. (2003.) www.law.ubc.caThe Status of Guantanamo Bay and the Status of the Detainees.

Guantanamo Bay

" 28 U.S.C. [section] 2241-(3). Cf. United States v. Verdugo-Urquidez, 494 U.S. 259, 277-78 (1990) (Kennedy, J., concurring), and cases cited therein (Katyal, p. 1365)."
The Bush Administration says that the detainees pose a threat to the United States, and the detainees are complicit either in the September 11, 2001 attack against the United States; or that they took part in separate but no less equally threatening plots to commit acts of terrorism and make war on the United States. Early in 2002 when the detainees were being transported to Guantanamo Bay, the Bush Administration did not suffer a lot of negative feedback. As time passed, however, and when it became apparent that the status of the detainees could remain undefined indefinitely, criticism began being fired at the administration.

Enemy Combatants

The term "enemy combatant," evolved and took on a definition when one of the detainees being held at Guantanamo Bay was identified…...

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References

 http://www.questia.com/PM.qst?a=o&d=5010850505 

Anderson, J.B. (2005). Hamdi V. Rumsfeld: Judicious Balancing at the Intersection of the Executive's Power to Detain and the Citizen-Detainee's Right to Due Process. Journal of Criminal Law and Criminology, 95(3), 689+. Retrieved August 22, 2008, from Questia database:

Human ights Violations at Guantanamo Bay
Hundreds

of foreign nationals are being held in prison camps at the Guantanamo Bay U.S. Naval Base since January 2002 without access to any court, legal counsel or family visits. Despite repeated appeals by international organizations such as Amnesty International and Human ights Watch as well as several governments around the world, the U.S. administration refuses to grant the detainees prisoners of war (POW) status or bring charges against them under the due process of law. In this essay, I shall explain why the continued detention of the Guantanamo Bay prisoners without trial is a violation of international and U.S. law and how their human rights are being violated.

Status of Prisoners Not evealed

Most of the prisoners being held in Guantanamo Bay were captured during the U.S. invasion of Afghanistan. Other inmates of Guantanamo are those who were captured elsewhere by various governments and handed over to…...

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References

Davis, Matthew. (2005). "Soldier lifts lid on Guantanamo abuse." BBC News. May 9, 2005. Retrieved on May 11, 2005 from   'Guantanamo Bay -- a human rights scandal." (2004). Amnesty International. Retrieved on May 11, 2005 from http://web.amnesty.org/pages/guantanamobay-background-eng 'Guantanamo: Detainees Account." (2004). Human Rights Watch. Retrieved on May 11, 2005 from http://hrw.org/backgrounder/usa/gitmo1004/gitmo1004.pdfhttp://newswww.bbc.net.uk/2/hi/americas/4523825.stm 

Welsh, Steven C. (2004). "Supreme Court Guantanamo Decision." International Security Law. Retrieved on May 11, 2005 from  http://www.cdi.org/news/law/gtmo-sct-decision.cfm 

The exact numbers are not disclosed by the U.S. authorities; the numbers also keep changing as some prisoners are periodically released and others added. Most estimates place the number between 500 and 600.

Guantanamo Bay was obtained on perpetual lease by the U.S. from Cuba after the Spanish-American War of 1898; sovereignty over the territory, however, lies with Cuba -- although the Cuban government under Fidel Castro considers the U.S. control of Guantanamo as illegal.

Unlawful Detention at Guantanamo Bay
In his book The Enemy ithin, author Stephen J. Schulhofer notes, "In the two months following September 11, approximately 1200 foreign nationals living in the United States were arrested and detained by federal law enforcement agencies," (11). In addition to these foreign nationals, who are detained at Guantanamo Bay and other disclosed and undisclosed locations, a number of United States Citizens have been detained for indefinite periods of time: without judicial review, without adequate or private access to legal council, and often times under harsh conditions. Cases like that of Abdullah al Muhajir, an American citizen born Jose Padilla, illustrate how since September 11, the government has systematically violated national and international law, restricting the rights and freedoms of individuals. The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures and guarantees the nation's citizens a reasonable expectation of privacy in the case…...

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Works Cited (in addition to works provided)

"U.S. Constitution: Fourteenth Amendment." FindLaw.com. .

Introduction
The United States has leased 45 square miles of land and water at Guantanamo Bay from Cuba for more than a century. Commonly known as “Gitmo,” the U.S. Naval Base at Guantanamo Bay has been the source of increasing calls for its closure as no longer necessary or appropriate in the 21st century. To determine the facts, this paper reviews the relevant literature concerning Guantanamo Bay to provide the background of the issue and an analysis of this issue to determine whether the U.S. interests in Guantanamo Bay justify its continued operations. A summary of the research and important findings concerning this issue are provided in the conclusion.

Background of Issue 

The U.S. Naval Base at Guantanamo Bay is 45 square miles in size and is located on the southeast end of Cuba (see map at Appendix A) (Naval Station Guantanamo Bay, 2014). The naval base at Guantanamo Bay was leased by…...

Guantanamo: A Complicated Issue
Guantanamo

Naval prison camp at Guantanamo Bay, Cuba, has been a controversial topic among American citizens and politicians ever since information surfaced about detainees being held indefinitely without charge and possibly tortured while incarcerated there. President Obama made it a key issue in his 2008 campaign, vowing to close it when he became president. He seemed to be making good on his promise in December of 2009, when he signed an Executive Order demanding the transfer of remaining prisoners to other facilities or to foreign countries and the permanent closure of the prison camp. But as of 2012, the prison camp at Guantanamo Bay remains open.

There are several difficult issues that complicate Obama's ability to close "Gitmo," as it is sometimes called. Guantanamo does not have a good reputation among Americans, and it has an even worse reputation in other countries. One of the primary reasons for the…...

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References

Center for Constitutional Rights (July 2006) Report on Torture and Cruel, Inhuman, and Degrading Treatment of Prisoners at Guantanamo Bay, Cuba. Retrieved January 28, 2012 from  http://ccrjustice.org/learn-more/reports/report%3A-torture-and-cruel,-inhuman,-and-degrading-treatment-prisoners-guantanamo -

(Nov. 18, 2010) Q&A: Closing Guantanamo. BBC News: U.S. And Canada. Retrieved January 29, 2012 from  http://www.bbc.co.uk/news/world-us-canada-11623753 

Khan, I. (2005) USA: Guantanamo Bay is a stain in America's reputation. Amnesty International. Retrieved January 29, 2012 from  http://www.amnesty.org.au/news/comments/493/

hen an imbalance of representible matter exists, the basis of the rule of law is jeopardized.
hat may be done in war is authorized by an intermediary party. A court may review claims by Guantanamo detainees based on alleigance neither to the targets nor the suspects of terrorism, but rather to institutions that are biased toward neither side. A court cannot accept reviewing detainees who have declared war on America, just as the detainees refuse to listen to every man, woman, and child in the United States. The court is not a legitimate place to hear the testimony of a sworn enemy, and state enemies are not welcome in state courts. hat might give these detainees a place in the U.S. legal system, should we need it, is a change of name from "enemy combatant" to "terrorist." This strategy at once "brings the war home" to the United States's own…...

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Works Cited

Byers, Michael. War Law: Understanding International Law and Armed Conflict. Grove Press: New York, 2005. Print.

The Oyez Project. "Gideon v. Wainwright, 372 U.S. 335 (1963)." Accessed Monday, November 15, 2010.

Road to Guantanamo
The docudrama, the Road to Guantanamo, the 2006 film by Matt Whitecross and Michael Winterbottom provided a unique look at the complexities and difficulties of enforcing international cooperation. This thrilling tale of the now famous "Tipton Three" British men of Pakistani and Bangladeshi origin who, through a combination of poor decision-making and violations of international law, allows the viewer to examine these modern problems using the war on terrorism as a means of telling the story. The purpose of this essay is to examine this film and highlight five separate violations of international cooperation using the articles of the Geneva Conventions and the Universal Declaration of Human Rights as a guide and authority of the discussion.

The first violation of international cooperation is evident at the beginning of the film. The film is taking place under the conditions at the beginning of the war on terror in 2001. The…...

One of the best points is brought forth by Higgins, who writes that an estimated force of 1500 men were sent to take on no less than 25,000 Cubans (Higgins 1987). "In the end, of approximately 1300 men who actually landed on the beaches from the Brigade, almost 1200 were captured and about 100 killed in combat (Higgins 149). The Brigade, if they failed, were expected to escape into the protected areas that connected to the Bay of Pigs; when in fact those areas, the conditions of the terrain, the poor training and preparation of the Brigade, made such escape impossible (Higgins 149).

Years later, declassified papers and tapes from the hite House would lend insight into the fiasco, but not clarity. One thing that was evidenced from the hite House tapes is that the Bay of Pigs continued to be a source of humiliation and annoyance to President Kennedy (Lawrence…...

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Works Cited www.questia.com/PM.qst?a=o&d=105514152

Blight, James G. And Peter Kornbluh, eds. 1999. Politics of Illusion: The Bay of Pigs Invasion Reexamined. Boulder, CO: Lynne Rienner.  http://www.questia.com/PM.qst?a=o&d=105514456 .

A www.questia.com/PM.qst?a=o&d=24098536

Chomsky, Noam. 1993. Rethinking Camelot: JFK, the Vietnam War, and U.S. Political Culture. Boston: South End Press.  http://www.questia.com/PM.qst?a=o&d=24098683 .

A www.questia.com/PM.qst?a=o&d=105410509

Geneva Conventions
Enacted after the horrors of World War II demonstrated the limitations of earlier treaties, the Geneva Convention of 1949 have become one of the preeminent international standards dictating the behavior of combatants and the treatment of individuals in the context of international and other conflicts, to the point that it has become a part of generally accepted customary international law. Building upon three earlier treaties signed in Geneva, the Convention of 1949 outlined rigorous standards defining and governing the treatment of civilian and military prisoners, the wounded, and civilians found in and around the war zone. Over the course of the last decade, the centrality of the Geneva Convention to international war and politics has come to the fore as a result of debates surrounding the relevance of the Convention to the United States execution of the War on Terror, especially in regards to the treatment and detainment of…...

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References

(2008). Senior u.s. officials acknowledge waterboarding of three suspected terrorists; administration defends practice. The American Journal of International Law, 102 (2),

359-361.

Bellamhy, A. (2008). Security and the war on terror. New York: Routledge.

Bugnion, F. (2000). The geneva conventions of 12 august 1949: From the 1949 diplomatic conference to the dawn of the new millennium. International Affairs, 76 (1), 41-50.

" (Elsea, 2005) It was stated at the time that it would appear that "…that federal courts will play a role in determining whether the military commissions, established pursuant to President ush's Military Order (M.O.) of November 13, 2001, are valid under U.S. constitutional and statutory law, and possibly under international law." (Elsea, 2005) It is reported that in June 2008, and in the case of oumediene v. ush that the U.S. Supreme Court "overturned the portions of the law" relating to habeas corpus and stated findings that the individuals held at Guantanamo ay have "constitutional rights to challenge their detention in United States courts." (The New York Times, 2009)
III. Response of the Obama Administration

It is related that one of the first things that the administration of President arack Obama accomplished was an executive order that closed Guantanamo and one that as well "issued an immediate halt to the military…...

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Bibliography

Elsea, Jennifer (2005) The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice. CRS Report for Congress. 18 Jan 2005. Online available at;  http://www.globalsecurity.org/military/library/report/crs/rl31600.pdf 

Henning, Anna C. (2009) Analysis of Selected Legislative Proposals Addressing Guantanamo Detainees. 2- March 2009., CRS Report for Congress. Online available at:  http://www.fas.org/sgp/crs/natsec/R40419.pdf 

Military Commissions (2008) The New York Times. 9 May 2009. Online available at:  http://topics.nytimes.com/top/reference/timestopics/subjects/d/detainees/military_commissions/index.html?inline=nyt-classifier 

Richey, Warren (2006) Supreme Court Rejects Military Tribunals. The Christian Science Monitor. 30 June 2006. Online available at:  http://www.csmonitor.com/2006/0630/p01s01-usju.html

Padilla v. umsfeld, Ex-Parte Quirin, and Hamdi v. umsfeld
Facts

Padilla vs. umsfeld

The synopsis of this case indicates a fact that Padilla, in the first place, did not have any reason to access a lawyer because he had been deemed a national security concern. Being an enemy combatant, Padilla did not have any jurisdiction whatsoever to be founded on the terms of an appeal as done to the Second Circuit Court of Appeals (McPhee, 2006). As seen from the arguments promoted by Bush's depiction of Padilla as an enemy combatant, the court had not authority to hear the case since Padilla was supposed to be kept in the South Carolina. In the meantime, the right and possible defendant should have been a South Carolina Warden and not the Secretary of Defense Donald umsfeld (Hafetz, 2011).

Ex-Parte Quirin

The case involved eight men who were American citizens. The eight were deemed as unlawful combatants. They…...

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References

Hafetz, J. (2011). Habeas Corpus after 9/11: Confronting America's New Global Detention System. New York: New York University Press.

Lokaneeta, J. (2011). Transnational Torture: Law, Violence, and State Power in The United States And India. New York: New York Univ. Press.

McPhee, R.D. (2006). The Treatment Of Prisoners: Legal, Moral Or Criminal? New York: Nova Science Publishers.

They point out that if a suspected terrorist gets on a plane and gets off at a place like Copenhagen or Toronto and demands asylum, even if he is not granted asylum, he's pretty much got a safe haven to operate in because he can' be deported or extradited back to where ever he came from. They believe that such lenient 'European' laws create a huge gap in security, which need to be tightened and that human rights conventions such as the Convention Against Torture make it almost impossible for states to gain a reasonable and necessary degree of assurance against devastating attacks in an age of asymmetrical warfare against international terrorists.
Former U.S. officials such as Michael Scheuer, who helped to set up the CIA's rendition program during the Clinton administration, are more forthcoming about commenting on the nature and existence of 'extraordinary' renditions. Scheuer has in different statements…...

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Works Cited

Begg, Moazzam. "Rendition: Tortured Truth." New Statesman 26 June 2006: 19.

Below the radar: Secret flights to torture and 'disappearance.'" Amnesty International Report. April 5, 2006. February 5, 2008  http://www.amnesty.org/en/alfresco_asset/5d82f002-a2d8-11dc-8d74-6f45f39984e5/amr510512006en.html 

Charter, David. "Britain accused on secret CIA flights." Times Online. November 29, 2006. February 5, 2008.  http://www.timesonline.co.uk/tol/news/world/article653418.ece 

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment." Office of the High Commissioner for Human Rights. 1987. February 5, 2008. http://www.unhchr.ch/html/menu3/b/h_cat39.htm

Ethics
Criminal justice is an inherently ethical profession. The judiciary ostensibly crafts laws that reflect the ethical sensibilities and social norms of the society, which are often embedded in the American Constitution. The role of the criminal justice system is to ensure that local, state, and federal laws are applied and enforced in a manner consistent with constitutional and regional codes. Issues like the equal protection clause are also ethical matters. The core objective of the criminal justice system is built on ethical responsibility: the ethical responsibility of the system to its main stakeholders, which is the American people.

However, there are also ancillary ethical issues associated with criminal justice that are not codified. Such issues are often linked with ambiguities and philosophical complexities. Applying criminal justice ethics entails sensitivity and awareness to prevailing political and social climates. Among the most pressing ethical issues in criminal justice include those related to race…...

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References

American Civil Liberties Union (2012). Racial profiling. Retrieved online:  http://www.aclu.org/racial-justice/racial-profiling 

Banks, C. (2012). Criminal Justice Ethics. Sage.

Block, W.E. & Obioha, V. (2012). War on black men: Arguments for the legalization of drugs. Criminal Justice Ethics 31(2): 106-120.

Harfield, C. (2012). Police informers and professional ethics. Criminal Justice Ethics 31(2): 73-95