After 09/11 terrorist attacks, the Bush Administration declared war to Al Qaeda. As Commander in chief of the Armed Forces, President Bush authorized the detention of non-American citizens considered as "enemy combatants" (Fogarty 2005, 54). A classified report prepared by Defence Department Lawyers in 2003 indicates that the US Naval base in Guantanamo Bay was an appropriate place to send those enemy combatants, as it was not under the jurisdiction of the USA (Fogarty 2005, 55). The first detainees arrived at Guantanamo on January 11, 2002 "blind-folded and shackle on the floor of cargo planes" (Olshansky 2007, 85). Most prisoners came from Arab countries and were hand over by Pakistani authorities to the USA. According to a survey, 57% are accused of associating with Al Qaeda or Taliban, while 43% are accused of hostilities against the US (Hegland 2006, 33).
[...] “Nothing New Under the Sun at Guantanamo Bay: Precedent and Prisoners of War”. Philosophy 9/11: Thinking about the War on Terrorism. Ed. Timothy Shanahan. Chicago and LaSalle, Illinois: Open Court 223-240. - Margulies, Joseph. Guantanamo and the Abuse of Presidential Power. New York City: Simon & Schuster - Mckelvey, Tara. “Amnesty's answers”. The American Prospect (Jul. 2005): 8. ProQuest. American University Bender Library, Washington DC.7 October 2007. - Olshansky, Barbara. Democracy Detained : Secret Unconstitutional Practices in the U.S. War on Terror. [...]
[...] “Security, Civil Liberties, and Human Rights”. Guantanamo Bay and the Judicial-Moral Treatment of the Other. Ed. Clark Butler. West Lafayette, Indiana: Purdue University Press 52-65. - Fogarty, P.Gerard. Guantanamo Bay undermining the Global War on Terror?” Parameters 35.3 (autumn 2005): 54-. ProQuest. American University Bender Library, Washington DC.8 October 2007. - Hegland, Corine. is at Guantanamo Bay”. National Journal (4Feb.2006): 33. ProQuest. American University Bender Library, Washington DC.8 October 2007. - Hentoff, Nat. worst of the worst”. The Village Voice (8-14 March 2006): 24. [...]
[...] As Kenneth Roth executive director of Human Rights Watch explained it, the violation of human rights and international standards by the USA is dangerous, as it will breed resentments in many parts of the world. Possible Courses of Action Various courses of action can be lead in order to put an end to the unlawful American Policy in Guantanamo Bay: 1. The USA should give to Guantanamo's detainees the Status of Prisoners of War and thus apply Geneva Convention The right of habeas corpus should be restored for Guantanamo's prisoners. [...]
[...] If Guantanamo is shut down, the USA should be careful not to send prisoners in countries where human rights abuses are committed against prisoners. Arguments supporting the policy direction Granting Guantanamo's prisoners of the status of Prisoners of war would allow giving legitimacy to the Global War on Terror lead by the USA. President Bush decided that the prisoners were qualified of “unlawful combatant”. The argument was the definition of “armed force” did not fit for these combatants. To be considered as a POW, “enemy combatants” need to meet the criteria of the article 4 of the Third Geneva convention (1949)1. [...]
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