10 years of Guantanamo: a decade of reducing the law in the United States

At the time of the 10th anniversary of the opening of the detention centre in Guantanamo Bay, many are wondering about the reasons of its very existence in a country that purports to be the defender of the rule of law and human rights. To answer this question, this paper reviews the development of t...

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Main Author: Laia Tarragona Fenosa
Format: Article
Language:Spanish
Published: Barcelona Centre for International Affairs (CIDOB) 2012-04-01
Series:Revista CIDOB d'Afers Internacionals
Subjects:
Online Access:http://www.cidob.org/es/publicaciones/articulos/revista_cidob_d_afers_internacionals/97_98/diez_anos_de_guantanamo_una_decada_para_las_rebajas_juridicas_en_estados_unidos
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author Laia Tarragona Fenosa
author_facet Laia Tarragona Fenosa
author_sort Laia Tarragona Fenosa
collection DOAJ
description At the time of the 10th anniversary of the opening of the detention centre in Guantanamo Bay, many are wondering about the reasons of its very existence in a country that purports to be the defender of the rule of law and human rights. To answer this question, this paper reviews the development of the regulations (both US and international humanitarian law) that are applied to the detainees. It also examines the violations of basic principles of law that have occurred and continue to occur, such as denial of access to ordinary courts and the right to a trial in case of detention, as well as breaches of the protections and guarantees provided by international humanitarian law. Finally, the author analyses the reasons that have allowed the centre to remain in operation despite President Obama’s pledge to close it, which he made early on in his term.
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spelling doaj.art-b198742c3442421081c980d7d3f13e292022-12-22T03:17:59ZspaBarcelona Centre for International Affairs (CIDOB)Revista CIDOB d'Afers Internacionals1133-65952013-035X2012-04-0197-9832534410 years of Guantanamo: a decade of reducing the law in the United StatesLaia Tarragona FenosaAt the time of the 10th anniversary of the opening of the detention centre in Guantanamo Bay, many are wondering about the reasons of its very existence in a country that purports to be the defender of the rule of law and human rights. To answer this question, this paper reviews the development of the regulations (both US and international humanitarian law) that are applied to the detainees. It also examines the violations of basic principles of law that have occurred and continue to occur, such as denial of access to ordinary courts and the right to a trial in case of detention, as well as breaches of the protections and guarantees provided by international humanitarian law. Finally, the author analyses the reasons that have allowed the centre to remain in operation despite President Obama’s pledge to close it, which he made early on in his term.http://www.cidob.org/es/publicaciones/articulos/revista_cidob_d_afers_internacionals/97_98/diez_anos_de_guantanamo_una_decada_para_las_rebajas_juridicas_en_estados_unidosGuantanamoInternational Humanitarian Lawhabeas corpusmilitary commissionsUnited States
spellingShingle Laia Tarragona Fenosa
10 years of Guantanamo: a decade of reducing the law in the United States
Revista CIDOB d'Afers Internacionals
Guantanamo
International Humanitarian Law
habeas corpus
military commissions
United States
title 10 years of Guantanamo: a decade of reducing the law in the United States
title_full 10 years of Guantanamo: a decade of reducing the law in the United States
title_fullStr 10 years of Guantanamo: a decade of reducing the law in the United States
title_full_unstemmed 10 years of Guantanamo: a decade of reducing the law in the United States
title_short 10 years of Guantanamo: a decade of reducing the law in the United States
title_sort 10 years of guantanamo a decade of reducing the law in the united states
topic Guantanamo
International Humanitarian Law
habeas corpus
military commissions
United States
url http://www.cidob.org/es/publicaciones/articulos/revista_cidob_d_afers_internacionals/97_98/diez_anos_de_guantanamo_una_decada_para_las_rebajas_juridicas_en_estados_unidos
work_keys_str_mv AT laiatarragonafenosa 10yearsofguantanamoadecadeofreducingthelawintheunitedstates