Following the September 11th terrorist attacks in which at least 3,000 people were killed, the United States has pursued policies that violate human rights in order to wage the war on terrorism. These policies include the adoption of new security measures, the poor treatment of captured fighters at Guantanamo Bay Naval Base in Cuba, and the willingness of the Bush administration to overlook human rights violations in other countries in return for their support in the war on terrorism.
When the enemy is faceless, as it is in the United States' fight against terror, there is a tendency to violate human rights in order to identify the perpetrators and anticipate further atrocities. Violations include detaining suspects without
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From a democratic standpoint, these actions cannot be considered just or moral.
In addition to new security legislation, the United States also defies human rights standards through the treatment and legal status given to the Taliban and Al-Qaeda prisoners being held at Guantanamo Bay Naval Base in Cuba. According to the Geneva Convention (1949), in which the United States is a party, a captured fighter is considered a prisoner of war if they are members of an adversary state's armed forces or are part of an identifiable military group that abides by the laws of war. Since most members of Al- Qaeda did not wear insignia or abide by the laws of war, they would probably not qualify as prisoners of war. However, Taliban soldiers comprised the armed forces of Afghanistan and should be entitled to POW status (http://www.hrw.org).
While the Bush administration decided that the Geneva Convention will apply to Taliban prisoners, it said that none of the detainees will be legally treated as prisoners of war, meaning there will be no effective change in their treatment or status. John Godfrey, a Toronto Liberal MP, claimed that the Bush administration's interpretation was "flat-out wrong --on the one hand they respect the Geneva Convention and claim that there is a distinction between Taliban and Al-Qaeda, but they continue to treat both of them as non-prisoners of war. That doesn't follow. If you respect the Geneva Convention, then you have to treat at least one of
There is a fine line between taking the enemy captive as part of war and torturing them. I believe that during war it is inevitable that people are going to be held captive as part of war, but there is some sort of humanity that needs to be upheld at the end of the day. There are many international treaties such as the Geneva Convention that many nations are a part of. The idea behind the convention is to make sure that all of the nations are on board with one another on how they are going to treat people. The problem is that most other nations besides the United States have a different mindset of how they operate and how they believe people should be treated in situations of war or high profile people. Most people would like to live in the United States because of all of the rights everyone has here in the country.
In order to understand rights and liberties during wartime situations, some background information needs to be addressed and explained. This paper will explain the definition of habeas corpus and the role of the Judicial, Legislative and Executive Branches of government during wartime and conflicts, how the President will sometimes take matter into his own hands.
On September 11, 2001, there was a terrorist attack against the United States. Hijackers flew a jetliner into each of New York’s World Trade Center towers. Simultaneously, a third jetliner crashed into the Pentagon in Virginia. Due to these horrific events, thousands of people were killed. In response to the attacks, the United States declared a “War on Terror.” However, the actions of the U.S. did not come without criticisms from the people of the nation.
Hamdi et al. v. Rumsfeld, Secretary of Defense, et al. could prove the undoing of the Bush administration’s legal defense of the abuses at Guantanamo Bay. In this case, four British citizens are suing Secretary of Defense Donald Rumsfeld as well as a host of Army and Air Force Generals and policy apparatchiks for allegedly authorizing the use of torture in Afghanistan and Guantanamo Bay. The four were captured in Afghanistan, either by Americans or America’s ally, the Northern Alliance, and transported to Guantanamo Bay in Cuba where they were held for over two years. Their status there was not as enemy combatant, which guaranteed them certain protections under the Geneva Convention, but rather as
The United States citizens have been wrestling with the question of, whether their government intelligence agencies should be prohibited from using torture to gather information. According to Michael Ignatieff, this is the hardest case of what he describes as ‘lesser evil ethics’—a political ethics predicated on the idea that in emergencies leaders must choose between different evils Before the terrorist attacks of September 11, 2001, torture was viewed by most American’s as only actions that brutal dictators would employ on their citizens, to keep order within their country. However, this all changed when in May 2004, The New Yorker released photographs from the Abu Ghraib prison in Iraq. The disturbing pictures were released on the internet showing bodies of naked Iraqis piled onto each other, others showed Iraqis being tortured and humiliated. There was a huge up roar, which caused the President at the time George W. Bush to publicly apologize, and threaten the job of Defense Secretary Donald Rumsfeld. Soon after, the CIA Conformed the use of waterboarding on three Al-Qaida suspects in 2002 and 2003, which further annihilated the topic. Since these reports, torture has been in the forefront of national politics, and the public opinion has been struggling to commit on whether torture is right or wrong.
The abuse of power transcended national boarders as the U.S. government turned a blind eye to American troops engaged in the unleashed and unchecked torture of prisoners of war. The use of torture is not in the national interest, as it has been found that the intelligence gained through torture is unreliable. Like the Japanese after Pearl Harbor, America consistently presses or even oversteps its Constitutional boundaries in times of national security.
Our nation’s actions toward seeking justice and preventing any attacks of this scale from happening again came with quick notion, “Less than a week later (following the 9/11 attacks), Congress authorized the President to use military force ‘against those nations, organizations or persons he determines planned, authorized, committed, or aided the terrorist attacks,” (Yin). In essence, Congress gave the president the ability to use the military to seek out and detain terrorists responsible for 9/11, showing our country’s dedication to ending these attacks and those who initiated them for good. Overall, this tragic event revealed the need for stricter defense regulations against non-state actors (terrorists). For this reason, 9/11 was the catalyst for the beginning of the War on Terror and, consequently, the opening of Guantanamo Bay.
On September 11, 2001, the world as Americans where familiar with changed forever. As one of the world’s great super power nations Americans were sure that no one would ever raise a hand against them. Even before that day attacks made on American were small, or thwarted, or the culprits were quickly named and brought to justice. The terrorists who attacked American that day changed the game book, changed the way Americans felt about their safety and began a war that has no real face, no easily identifiable agenda, and no quick ending in sight. To protect the country President George W. Bush signed into law the Patriot Act and help create the office of Homeland Security. Guantanamo Bay was deemed the place to hold those arrested for
This paper will explore three separate cases, providing facts about the apprehension and detention of enemy combatants, assessing the treatment of detainees at Guantanamo Bay, and will explain whether any rights were denied or granted in contrast with each other. Anyone engaging in aggressive or hostile behavior towards a country is held to several political and constitutional legalities as explored in the three following cases.
Another aspect of Guantanamo that received a strong reaction was the access that interrogators, psychologists, and psychiatrists working at Guantanamo have to detainees’ medical files. This allows them to target detainees individually, and is against medical ethics stated in the Geneva Conventions. Though this protocol has not been sanctioned by the
In the United States, one of the major methods in obtaining crucial information has been through the use of Guantanamo Bay. While many have condemned of the torture that is believed to occur there, not only does Guantanamo Bay comply with national and international standards, but it also complies with Common Article 3 of the Geneva Conventions (Meese 1) which states
In 1949, the Geneva Convention Relative to the Treatment of Prisoners of War was created to prohibit immoral, cruel and degrading punishment toward prisoners during wartime. The United States ratified this covenant and became a member of the Geneva Conventions. During Operation Iraqi Freedom, a series of human abuses occurred from October through December of 2003 where American military personnel have conducted acts of brutality and immoral behavior toward Iraqi detainees at the Abu Ghraib prison. The inhumane “interrogation method” of the American military have clearly violated Article 2 and 4 of the Geneva Conventions. Article 2.2 states “No exceptional circumstances whatsoever, whether a state
After the events of September 11, 2001, the United States had a unique dilemma. America was engaged in what would be called a “War on Terror”. This new conflict was unlike any in American history. Previously, in the context of war the United States had always fought a nation or group that had defined boundaries as to where they resided. This new conflict went away from these rules of the past. Terrorist groups were not bound to a region, but were instead united by an ideal. September 11 marked the first time in which terrorism would rise to the forefront of the nation’s agenda. This emergent wave of conflict required a different strategy than the those of the past because of the unorthodox nature of the opponent. One of the major innovations fostered by the “War on Terror” was the expansion of torture. The dramatic rise in terrorism sparked the unethical advancement of interrogation techniques in order to more effectively acquire information. The emergence of the “War on Terror” required government officials acquire intelligence in a new way thus spawning the emergence of “enhanced interrogation” methods, however, the morality of these techniques would come into question as they were revealed to the public.
Guantanamo Bay, Cuba is originally a naval base that was once used to house detention facilities for Haitian and Cuban refugees fleeing to the United States. It was also used as a refueling station for Navy ships. It was then converted into a high level detention facility to house enemy troops captured in the War on Terror campaign by Secretary of Defense, Donald Rumsfield. It has three main camps that house the prisoners. These prisoners of war were later referred to as enemy combatants. They were excluded from the prisoner of war statutes of the Geneva Convention because of their involvement in a foreign terrorist organization and therefore earning themselves the title of terrorists. The Guantanamo Bay Detention Center served as the perfect location to send these terrorists. It allowed the United States to strip them of any due process or protection that is provided by US law. Due to its location, being in foreign territory they are only subjected to military law. They are close enough for them to be monitored without interference of intentional agencies or international oversight. Furthermore, the US Government is holding these men without due process because they are deemed too dangerous to be released into the public because of their associations with terrorist organizations and possession of valuable information relating to National Security such as location of key members of a terrorist groups, whereabouts. However, the United States cannot release those
Ever since the beginning of the terrorist attacks on American soil, the War on Terror has been involved in the lives of Americans and nations near us. The War on Terror’s background originated through conflicts between warring countries in the Middle East; U.S. involvement started when a terrorist guided plane crashed into the World Trade Center on September 11, 2001 in New York City. The attack was suspected to be the work of the middle-eastern terrorist group Al-Qaeda. The U.S. military, under the leadership of then commander-in-chief George W. Bush, declared a “War on Terror” on the terrorist group and the fighting began.