According to the constructivits' point of view, states would tend to avoid behaving in ways that are legally unjustifiable. However, this theory does not seem to be internationally respected. The most striking example would be the United States, commonly known as a law-breaker, law-avoider and law-defector. Its law-breaker position can be, for instance, very well illustrated by the Guantanamo Bay issue, which has ineradicably become synonymous with torture. Indeed, this subject has caused much controversy and debates are still straddling. It became the centre of international attention in 2002 when horrible images and video recordings showing the most degrading forms of abuse commited at the Guantanamo Bay detention camp in Cuba were diffused by the media and spread across the entire world.
Why? The Bush administration had decided after the 9/11 attacks that the Geneva Conventions of 1949 would not apply to the Taliban and al-Qaeda. Instead, the latter were (even) deprived of the basic human living conditions.
What about the Obama administration today? Has the situation improved after the president announced his intention to close Guantanamo? Which consequences would the closure give way to? What happens to the detainees? This paper will deal with the evolution of the Guantanamo Bay issue from the Bush administration until the current Obama presidency.
Table of Contents
1. Extraordinaire renditions in Guantanamo Bay
2. The Geneva Conventions and the detention camp
3. Inmates and the legal struggle
4. The Obama administration's approach
5. Legal processes and the closure challenge
6. Conclusion
Objectives and Topics
This paper examines the legal and political evolution of the Guantanamo Bay detention camp, tracing its history from the Bush administration's post-9/11 policies to the subsequent reform and closure efforts under the Obama presidency.
- The role and interpretation of the Geneva Conventions in modern conflict.
- Legal status, interrogation techniques, and human rights of detainees.
- Challenges associated with military commissions and federal trials.
- International cooperation and the complexities of prisoner resettlement.
- Political and security obstacles regarding the camp's permanent closure.
Excerpt from the Book
Extraordinary renditions in Guantanamo Bay
According to the constructivits' point of view, states would tend to avoid behaving in ways that are legally unjustifiable. However, this theory does not seem to be internationally respected. The most striking example would be the United States, commonly known as a law-breaker, law-avoider and law-defector. Its law-breaker position can be, for instance, very well illustrated by the Guantanamo Bay issue, which has ineradicably become synonymous with torture. Indeed, this subject has caused much controversy and debates are still straddling. It became the centre of international attention in 2002 when horrible images and video recordings showing the most degrading forms of abuse commited at the Guantanamo Bay detention camp in Cuba were diffused by the media and spread across the entire world. Why? The Bush administration had decided after the 9/11 attacks that the Geneva Conventions of 1949 would not apply to the Taliban and al-Qaeda. Instead, the latter were (even) deprived of the basic human living conditions.
What about the Obama administration today? Has the situation improved after the president announced his intention to close Guantanamo? Which consequences would the closure give way to? What happens to the detainees? This paper will deal with the evolution of the Guantanamo Bay issue from the Bush administration until the current Obama presidency.
Summary of Chapters
1. Extraordinaire renditions in Guantanamo Bay: Introduces the controversy surrounding the detention camp and sets the historical context following the 9/11 attacks.
2. The Geneva Conventions and the detention camp: Discusses the application of international humanitarian law and the Bush administration's decision to classify detainees outside traditional legal protections.
3. Inmates and the legal struggle: Analyzes the profiles of detainees, their treatment, and the legal arguments surrounding their classification as unlawful enemy combatants.
4. The Obama administration's approach: Explores the executive orders and policy shifts initiated to close the facility and address human rights concerns.
5. Legal processes and the closure challenge: Details the complexities of military commissions, federal court trials, and the diplomatic hurdles of international resettlement.
6. Conclusion: Summarizes the persistent challenges in achieving the camp's closure and the necessity for global cooperation.
Keywords
Guantanamo Bay, Geneva Conventions, Bush administration, Obama administration, international humanitarian law, torture, military commissions, detainees, human rights, al-Qaeda, terrorism, legal process, habeas corpus, resettlement, indefinite detention.
Frequently Asked Questions
What is the primary focus of this paper?
The paper focuses on the evolution of the Guantanamo Bay detention facility, analyzing the legal debates and political actions concerning its existence and intended closure from the Bush to the Obama eras.
Which central topics are addressed?
Key themes include international humanitarian law, the treatment of detainees, the role of military versus civilian courts, and the geopolitical difficulties of prisoner relocation.
What is the core research goal?
The goal is to determine how the Guantanamo issue has evolved legally and politically and to assess the obstacles that have prevented the facility from closing.
What methodology is utilized in this research?
The study utilizes a qualitative analysis based on legal documents, international agreements (Geneva Conventions), journalistic reports, and academic perspectives on human rights and security policy.
What does the main body cover?
The body covers the initial decision to bypass the Geneva Conventions, the use of harsh interrogation techniques, the shift in policy under the Obama administration, and the diverse legal and logistical hurdles for resettlement.
Which keywords define this work?
Major keywords include Guantanamo Bay, Geneva Conventions, indefinite detention, military commissions, international law, and human rights.
How did the Bush administration justify the treatment of detainees?
The Bush administration categorized detainees as "unlawful enemy combatants," arguing that they were not entitled to the standard protections provided to prisoners of war under the Geneva Conventions.
What is the "Hamdan v. Rumsfeld" case significant for?
This case highlighted the Supreme Court's challenge to the legality of military commissions, asserting that they failed to comply with the Uniform Code of Military Justice and the Geneva Conventions.
Why is the resettlement of detainees internationally difficult?
Many countries are reluctant to accept detainees due to security concerns or disagreements over the legal responsibility for these individuals, often viewing the issue as a domestic American responsibility.
What is the current status of the Guantanamo closure project?
Despite the Obama administration’s stated commitment, the closure has faced significant setbacks, including legislative opposition, concerns about security, and the lack of viable legal paths for all remaining detainees.
- Citation du texte
- Master Krystel van Hoof (Auteur), 2011, Extraordinary renditions in Guantanamo Bay, Munich, GRIN Verlag, https://www.grin.com/document/378629
