Law
Discussion& Responses: Guantanamo Bay

CJ 469

Question Description

Need help with my Law question - I’m studying for my class.

Guantanamo Bay Cuba (Gitmo) houses many suspected terrorists that were captured during various counterterrorism operations. After viewing OAS Human Rights Organization Agrees to Hear Gitmo Case, Could Challenge NDAA, research the issues involved in the detainment, interrogation and interviews of potential foreign terrorists. In your discussion, compare Gitmo to alternative detainment options. Include issues involving human rights, public safety, and the any challenges involved in working with the operating agency (military organization, foreign law enforcement, and so on).

In response to your peers, debate the need for locations such as Gitmo. Discuss the viability of alternative options for detaining accused terrorists if locations such as Gitmo did not exist.


Textbook: Counterterrorism, Chapter 9
This chapter discusses the preventative detention tactic of handling suspected terrorists, prohibited contact orders, and covers the controversial topic of the Guantanamo Bay detention center.

Video: OAS Human Rights Organization Agrees to Hear Gitmo Case, Could Challenge NDAA (17:32)
This video outlines the potential to disrupt counterterrorism investigations and interrogations on the basis of basic human rights.

Website: Secret Intelligence Service MI6: Counter Terrorism (Optional)
This website provides insight into the British counterterrorism unit that many countries have used as a model for their specialized unit.

Article: 10 Best Special Forces In the World (Optional)
This article introduces students to the top foreign and U.S. military units that specialize in counterterrorism missions.


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Peer post 1

Guantanamo Bay Cuba (Gitmo) houses many suspected terrorists that were captured during various counterterrorism operations. After viewing the video titled OAS Human Rights Organization Agrees to Hear Gitmo Case, Could Challenge NDAA; I was able to research the issues involved in the detainment, interrogation and interviews of potential foreign terrorists. Many Human rights advocates believe that Guantanamo Bay has become of representation of abuse, injustice and disregard for the rule of law. Human rights include the right to life, liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, as well as many more. Everyone on this planet is entitled to these rights without discrimination. Human rights laws are one of the largest concerns regarding the men who are detained at Guantanamo Bay. Human rights advocates say some of the Guantanamo detainees were not picked up in an international armed conflict — so they are not legally prisoners of war or enemy combatants. What they need is the chance to convince a federal judge of this, advocates say.

There are still 112 detainees at Guantanamo, of whom 53 are deemed eligible for transfer. Transfer eligible detainees should be transferred to foreign countries, the ones that need to be prosecuted should be prosecuted and moved to U.S. soil. The suspects who cannot be prosecuted but are deemed too dangerous to release, should be detained in a high-level security prison on U.S. soil. United States military barracks have the capability to provide for the secure detainment of foreign nationals while ensuring the safety of communities within their proximate geographic location. There are several alternative detainment options that can be used for Gitmo detainees; one thing that must be done no matter what it is needs to be transparent. Transparency deters the violation of Human rights.


Peer post 2

Good Morning Class,

Incapacitation is a form of counterterrorism because it allows the government to take potential terrorists out of circulation (Maras, 2013). It is a form of punishment as well but the men that are held in Guantanamo Bay have never had a trial or even been charged with anything. They are being held on the assumption or according to the video they were sold out as terrorists. Guantanamo Bay has become of symbol of injustice, abuse, and disregard for the rule of law (“Guantanamo Bay Detention Camp,” n.d.). Human rights laws are one of the largest concerns regarding the men in detainment at Guantanamo Bay. Human rights include the right to life, liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, as well as many more (“Human Rights, n.d.). Everyone is entitled to these rights without discrimination. The detention of these people at Guantanamo Bay violates those freedoms because they have not been charged with anything. Almost 800 men have been passed through the cells of Guantanamo and many of them were subjected to torture and other brutal treatment which also violates the freedom from torture clause in the UN’s basic human rights (“Guantanamo Bay Detention Camp,” n.d.). If there is not enough reliable evidence to try these men in our courts, there is no justification to lock them up forever. Many of the men today have been cleared for release but the United States Government is very hesitant on releasing these individuals due to possible public safety and safety of the detainees. Some men have been locked up for over a decade and when they are let go, the U.S. does not know what they will do. They could possibly retaliate against the U.S. This is one of the main reasons they are still in captivity because the government has to identify countries to take them in and appropriately monitor them, so they do not pose a security threat (Baldor, 2015).

Other than the detainment option of Guantanamo Bay, there are other ways to monitor the movements of these men. After releasing them to whatever country that would take them in, the use of GPS monitoring through electronic ankle bracelets, home visits and check ins, and financial monitoring and telephonic monitoring can be used to keep tabs on them. This allows the U.S. government and local governments to keep track of the men, so they do not pose a security or public threat. Detaining these individuals indefinitely violates the UN’s basic human rights and letting them have their freedom while being closely monitored is another detainment option the United States can look into. However, after being detained for over a decade, it is not unreasonable to think that these men will retaliate for their treatment and detainment.

Thank you,

Timothy

References

Baldor, L (2015, August 15) Defense Department Looking at Alternatives to Guantanamo Bay. Retrieved from https://www.pbs.org/newshour/nation/defense-depart...

Guantanamo Bay Detention Camp (n.d.). Retrieved from https://www.aclu.org/issues/national-security/dete...

Human Rights (n.d.) Retrieved from https://www.un.org/en/sections/issues-depth/human-...

Maras, M. (2013). Counterterrorism. Burlington, MA: Jones & Bartlett Learning.

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Surname 1
Student’s Name
Professor’s Name
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Guantanamo Bay
Whenever foreign nationals are arrested for committing crimes against a particular
foreign country, the countries in which they committed the crime often have jurisdiction over the
issue, and could proceed to charge the foreigner. This explains the situation experienced with the
Guantanamo bay detainees, among whom foreign nationals are yet to receive a trial hearing for
their alleged criminal activi...

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