Guantanamo bay outline( my email and printer are not working correctly)
Emma Lange
Mr. Porto
Participation In Government
December 17, 2005
Guantanamo Bay
What is the public policy question that I am trying to answer? Should
detainees in Guantanamo Bay have the same rights as prisoners of war,
and/or the rights established by the U.S. Constitution? Background
information: Guantanamo Bay is a century-old military outpost seized
during the Spanish-American War and subsequently leased from Cuba to
the United States. Guantanamo Bay has always been a topic of interest
in politics but just recently, starting with the war on Iraq, many
human-rights groups have become interested in and are fighting for
rights of the detainees. Although not all of the detainees were taken
captive during this current war, many of the detainees being housed
currently are members of the Taliban and Al Quieda.
Before the war on terror, the base was used to house Cuban and Haitian
refugees intercepted on the high seas. There are three camps in the
base, Camp X-ray, Camp Echo, Camp Iguana and Camp Delta.
Laws: The Geneva Convention was adopted in 1949 after World War 2. The
Geneva Convention was passed to protect the rights of prisoners of war
(P.O.W.) during declared warfare. Possible solutions: -Oppositions
(people opposed to Guantanamo Bay and the allegations): Physical
conditions for detainees at Camp X-ray are claimed to meet basic
standards for maintaining health, but the prisoners are held in small,
mesh-sided cells with little privacy, and lights are kept on day and
night. - American doctrine in dealing with prisoners of war state that
isolation and silence are effective means in breaking down the will to
resist interrogation. - There have been allegations of torture,
including sleep deprivation, the use of so-called truth drugs,
beatings, locking in confined and cold cells, and being forced to
maintain uncomfortable postures. - Member states of the European Union
and the Organization of American States, as well as non-government
organization, and human-rights groups have strenuously protested the
legal status and physical conditions of detainees at Guantanamo. - Many
of the detainees have strict loyalty to their choice of religion,
Muslim, and the people in power at Guantanamo refuse to respect their
beliefs by insisting on the detainees to deny the commandments of the
Muslim faith; such as cutting ones hair, forcing them to wear hats and
goggles, and consumption of certain foods at certain times. - Since
Guantanamo Bay is technically foreign territory, the detainees have no
rights under the U.S. Constitution and cannot appeal to U.S. federal
courts. Any rights they might have under international law have been
firmly denied. The detainees should be granted P.O.W. status until
otherwise deemed by an approved body. -The members of The Taliban and
Al Quieda are not technically members of the government body of Iraq
and therefore do not pertain to international law. -Respecting the
presumption of POW status and upholding the human rights of detainees
today will help to protect our people in the future. - The U.S. uses
the rules of the Geneva Convention when it is convenient for them, such
as not allowing reporters to film the detainees upon arrival; the
reason for this is because the detainees are bound. Allegiances (people
for Guantanamo Bay and the allegations): - The Taliban and Al Quieda
positively pride themselves on violating the laws of war. -The Geneva
Convention says that POW’s are soldiers or equipped fighters that hold
warfare and lay down their weapons and accept that they have been
captured. The detainees have not laid down their weapons; they were
caught for interrogational reasons. -Actually, experts on
interrogation, unlike journalists, do not even consider torture a
proper or useful means of obtaining information. -There are no
explanations or equivocations that can excuse the abuse and torture of
prisoners that become a scandal after it was revealed at Abu Ghreib
prison in Iraq. Conclusion: The U.S. Government should only follow
their laws and pertain to international law when they have to, they
should denounce these allegations with actual evidence and stop beating
around the subject. Although The Geneva Convention should be reworded
and retracted at by the us, the us should stick to their own
guidelines, in a way the us is being a hypocrite. Also it should be up
to an approved body to decide what happens to the detainees, not at the
us’s digression.