The status in international law of Guantanamo Detainees
Date
2013-11-06
Authors
Masambo, Charity
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Abstract
Under International Humanitarian Law, persons captured in war do not lose their rights to be treated as human beings. Indeed, humanitarian law as well as human rights law ordain that such persons must be treated humanely. Following the war in Afghanistan of October, 2001, the Americans captured a number of war prisoners. These persons were held at the U. S. naval base known as Guantanamo Bay in Cuba. The detainees were denied prisoner-of-war status and access to the U.S courts. They were also detained indefinitely under questionable conditions. It should be noted that this issue is a novel and topical one, hence, the situation of the detainees is examined as of 18* December, 2004.This essay critically examines the status of Guantanamo detainees in the context of international humanitarian law. The essay runs through five chapters. The first chapter is an introduction, which encompasses definition of terrorism and the background of the Afghan war. The second chapter concerns the use of force under international law. Chapter three defines combatants and its classifications including persons who are entitled to prisoner-of-war status. Chapter four which is the main chapter discusses the status of Guantanano detainees and the issue of jurisdiction of these detainees. The last chapter is conclusion and recommendations concerning the issue under discussion.
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Detention of Persons-Cuba , Combatants and Non-Combatants(International Law)