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Law of international human rights and detainees at Guantanamo Bay naval base

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  1. Introduction
  2. Declassification of documents
  3. The White House Memorandum
  4. War against terror
  5. The document issued by the U.S. Department of Justice's Office
  6. Defense Secretary Rumsfeld's final policy statement
  7. The White House briefing
  8. Conclusion
  9. References

Since the terror attacks of September 11 and the official war on terror has commenced, questions have been raised as to how the United States should engage itself in regard to both its military operations and treatment of enemy combatants. Debate over the United States applying rules of war, namely the Geneva Conventions of 1949, has only become more controversial. While some have argued that the United States is obligated to conform to the Geneva Conventions Relative to the Treatment of Prisoners of War, many policymakers have insisted otherwise. It has been contended that the war on terror is not a conventional war and therefore principles set forth under the Geneva Conventions do not apply. There exists an endless quantity of documentation surrounding the policy decisions of how to employ international law in the war on terror.

[...] Id. at 593. Id. at 594. The New York Times, Broad Use of Harsh Tactics Is Described [...]


[...] However, when the Convention was ratified by the United States, it was believed that ?existing federal and criminal law was adequate to fulfill this obligation [of not torturing], and did not enact implementing legislation.?[7] Importantly, the United States set forth an express reservation in that it considered itself bound to the prohibition on cruel, inhuman, and degrading treatment or punishment only to the extent that such treatment was prohibited by either the Fifth, Eighth, or Fourteenth Amendment of the U.S. [...]


[...] national outside the United States was not applicable to Guantanamo Bay since the naval station was ?within the definition of the special maritime and territorial jurisdiction of the United States.? In addition, since the President has Commander ?in-Chief authority, he has the power to order such criminal statutes as inapplicable to interrogations that take part under the authority of the President.[8] Subsequent to the legal analysis, Defense Secretary Rumsfeld issued a final policy statement on April Rumsfeld approved twenty-four various interrogation strategies, based on a list of techniques he had previously agreed to and some seventeen techniques set forth in the Army Field Manual in December 2002. [...]

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