Guantanamo Bay Legalities: How Does it Exist?

GUANTANAMO BAY LEGALITIES HOW DOES >> IT EXIST? CUBA 1903 CUBA GRANTED THE GUANTANAMO BAY UNITED STATES a PERPETUAL LEASE of a 45-square-mile area located in the southern portion of GUANTANAMO BAY. [1] IT ORIGINALLY SERVED AS A COALING STATION during the Spanish- American War. Since the Sept. 11th, 2001, terrorist attacks, GUANTANAMO BAY HAS BEEN USED TO HOLD PRISONERS SUSPECTED OF BEING AL QAEDA MEMBERS (or supporters of al Qaeda). [1] THE BASE HAS BEEN UNDER STRICT SCRUTINY SINCE THEN as the world heard about the harsh interrogation tactics being used there, including: SLEEP DEPRIVATION SHACKLING IN STRESS POSITIONS PROLONGED EXPOSURE To COLD TEMPERATURES [1] WATER BOARDING THERE IS MUCH DEBATE AS TO WHETHER THE BASE SHOULD CONTINUE OPERATIONS OR CLOSE. In addition, the laws and court rulings have not been entirely clear as to whether the base should continue operating or close. THE EXISTENCE AND PRACTICES OF THE GUANTANAMO BAY DETENTION CENTER? WHAT ARE THE LAWS THAT SUPPORT AND CONTRADICT THERE ARE TWO VERY DISTINCT SCHOOLS OF THOUGHT on whether Guantanamo Bay as a prisoner holding detention center should continue to exist. There have been many laws, court cases, and legislation both SUPPORTING AND CONTRADICTING its existence. PCLOS GITMO LAWS THAT LAWS THAT SUPPORT GUANTANAMO CONTRADICT GUANTANAMO BAY'S EXISTENCE BAY'S EXISTENCE It is ruled that prisoners • THE GENEVA CONVENTIONS OF 1949 protect against POWS. [4] DO NOT HAVE ANY LEGAL PRIVILEGES in the United States. (March 11, 2003) [2] • It was ruled in Rasul v. Bush that Guantanamo Bay • The Detainee Treatment Act DETAINEES ARE ENTITLED PROHIBITS CRUEL AND TO BRING LEGAL ACTION TO DEGRADING TREATMENT of COURT in order to defend detainees. Provides their freedom. (2004) [7] standards for interrogation. (Dec. 30, 2005) [2] • However, the case did not • Detainee Treatment Act address the POW status of REMOVES FEDERAL COURT detainees at Guantanamo Bay JURISDICTION over detainees and whether the GENEVA wishing to challenge the legality of their detention in court. [3] CONVENTIONS WERE BEING UPHELD. [2] • The Graham Amendment • Supreme Court rules that U.S. and (passed by the Senate 49-42) international laws are BEING REMOVES THE RIGHT of those VIOLATED - THE 1949 GENEVA designated as enemy CONVENTIONS DO APPLY TO combatants TO SEEK HABEAS DETAINEES. (June 29, 2006) [2] REVIEW in federal courts. [2] ORGANIZATIONS' AND INDIVIDUALS' OPINIONS ON GUANTANAMO BAY Many individuals and organizations have spoken out about whether GUANTANAMO SHOULD BE CLOSED OR REMAIN OPEN. CLOSE IT NOW! Those Who Reportedly Support Closing Guantanamo Bay ACLU UN American Civil Former United Nations President Barack Obama Secretary General Kofi Annan [6] (though in March 2011, efforts to close Guantanamo were halted) [2] Liberties Union [13] Amnesty International Former U.S. Secretary of Amnesty International National Association Defense Robert M. of Criminal Defense Gates [15] [14] Lawyers [5] KEEP IT OPEN! Those Who Reportedly Support Keeping Guantanamo Bay Open ROMNEY Mitt Romney, former governor of Massachusetts Jack Spencer, former Heritage Foundation senior policy analyst for defense and national security [11] and 2012 Republican presidential candidate [8] Former Vice President Dick Cheney (9] Former U.S. Secretary of Defense Donald Rumsfeld (10] SOURCES [1] http://topics.nytimes.com/top/news/national/usstatesterritoriesandpossessions/guantanamobaynavalbasecuba/index.html [2] http://projects.washingtonpost.com/guantanamo/timeline/ [3] http://www.cfr.org/terrorism-and-the-law/detainee-treatment-act-2005-hr-2863-title-x/p9865 [4] http://www.icrc.org/eng/war-and-law/treaties-customary-law/geneva-conventions/index.jspsou [5] http://www.nacdl.org/newsreleases.aspx?id=23407&:;libid=23377 [6] http://www.msnbc.msn.com/id/11381321/ns/us_news-security/t/annan-us-should-shut -guantanamo-prison/#.tyrzavzuppy 7 http://www.cdi.org/news/law/gtmo-sct-decision.cfm [8] http://www.cfr.org/experts/world/mitt-romney/b13226#2 [9] http://www.nydailynews.com/news/politics/valuable-guantanamo-bay-stay-open-dick-cheney-article-1.356156 [10] http://www.dailytelegraph.com.au/news/breaking-news/guantanamo-bay-one-of-the-finest-prison-systems-in-the -world-donald-rumsfeld/story-e6freuz9-1226002881723 [11] http://www.heritage.org/research/reports/2005/06/no-good-reason-to-close-gitmo [12] https://www.cia.gov/library/center-for-the-study-of-intelligence/csi-publications/csi-studies/studies/vol48no 1/article03.html [13] http://www.aclu.org/close-guantanamo [14] http://www.amnestyusa.org/our-work/issues/security-and-human-rights/guantanamo [15] http://articles.nydailynews.com/2008-12-02/news/17912117_1_cklosing-guantanamo-bay-defense- secretary-robert-gates-prison