The past, present, and future of Guantanamo Bay



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“The past, present, and future of Guantanamo Bay”

Sonia Iwanek (Political Science)



Rationale

I chose this topic because of the many abuses, human rights violations, and unanswered questions regarding the operation of GITMO. For example, reports indicate that 505 men remain in indefinite detention and these "enemy combatants" are being held without charges and against both international and U.S. domestic law. Even after reports of torture and Obama’s announcement to close GITMO it not only remains open, but there still exists violations of human rights that the global community needs to be aware of. As for myself, this topic crosses larger issues dealing with civil liberties, powers of the President and the United States Supreme Court, as well as the larger impact on the “war on terror.” For example, on March 11, 2003 the Unites States Federal appeals court ruled that the detainees have no legal rights in the United States. Following that, on July 3, 2003 President Bush designated six suspected al Qaeda terrorists eligible for military tribunals — the first since World War II. Then on July 30, 2004 the Pentagon created military panels of officers to review each detainee's "enemy combatant" status on a case-by-case basis followed by several Supreme Court cases challenging the constitutionality of the various practices and policies. Having the time to further explore the complexities of the Military Commissions Act, Military Tribunals and GITMO in general will allow for a larger comprehensive understanding of a clearly multi-leveled issue.



Planned approach

The following are issues, questions and topics that I would like to approach and answer if given this study grant:



  • torture at GITMO and the re-defining of what torture is

  • The Domestic War Crimes Act at its tenants and relationship (or violation) of/with the Geneva Conventions

  • Military Tribunals, what they are, how they are used and what the international community needs to know

  • Supreme Court cases regarding GITMO starting with Rasul v. Bush (2003)

  • the practice of "extraordinary rendition" to "black sites" or secret detention facilities abroad where torture may have been carried out on detainees

  • resistance to anti-torture legislation

  • Obama’s executive Order regarding the closure of GITMO and his commitment to prohibiting the use of torture in interrogating terrorists

  • The Justice Department and the trials of 9/11 suspects on United States soil

  • Future of GITMO and the United States’ war on terror

Weekly plan

Week 1-2

A through reading of the major Supreme Court cases pertaining to GITMO as well as developing an understanding of the Military commissions Act.



RASUL v. BUSH 2003,

HAMDI v. RUMSFELD 2003

RUMSFELD v. PADILLA 2003

HAMDAN v. RUMSFELD 2005

Military Commissions Act 2006 available at http://www.intelligence.senate.gov/laws/pl109-366.pdf



Week 3-4

A comprehensive assessment of treatment of detainees at GITMO, the torture issues that they faced and the role the CIA played in this.

Katel, Peter, and Kenneth Jost. "Treatment of Detainees." CQ Researcher 25 Aug. 2006: 673-96. Web. 11 Feb. 2013.

Jost, Kenneth. "Prosecuting Terrorists." CQ Researcher 12 Mar. 2010: 217-40. Web. 11 Feb. 2013


Stern, S. (2007, September 1). Torture debate. CQ Global Researcher, 1, 211-236. Retrieved from http://library.cqpress.com/globalresearcher

Adapted from Jost, Kenneth. "Closing Guantánamo." CQ Researcher 27 Feb. 2009: 177-200. Web. 11 Feb. 2013.

Jost, Kenneth. "Interrogating the CIA." CQ Researcher 25 Sept. 2009: 789-812. Web. 11 Feb. 2013.

Masci, David. "Torture." CQ Researcher 18 Apr. 2003: 345-68. Web. 11 Feb. 2013.

Masci, David. "Ethics of War." CQ Researcher 13 Dec. 2002: 1013-32. Web. 11 Feb. 2013.



Week 5-6

Comprehensive examination of what Military Tribunals are, the rights that Detainees should have and the history of how war crimes have operated within the courts.

"Military Tribunals." Issues & Controversies On File: n. pag. Issues & Controversies. Facts On File News Services, 13 Dec. 2004. Web. 11 Feb. 2013. .

Update: Military Tribunals." Issues & Controversies On File: n. pag. Issues & Controversies. Facts On File News Services, 6 Oct. 2006. Web. 11 Feb. 2013. .

Update: Detainees' Rights." Issues & Controversies On File: n. pag. Issues & Controversies. Facts On File News Services, 11 June 2007. Web. 11 Feb. 2013. .

September 11 Terrorism Trials." Issues & Controversies On File: n. pag. Issues & Controversies. Facts On File News Services, 18 Dec. 2009. Web. 11 Feb. 2013. .

Detainees' Rights." Issues & Controversies On File: n. pag. Issues & Controversies. Facts On File News Services, 15 Apr. 2004. Web. 11 Feb. 2013. .

War-Crimes Tribunals." Issues & Controversies On File: n. pag. Issues & Controversies. Facts On File News Services, 23 May 2003. Web. 11 Feb. 2013.

Week 6-7

An assessment of the reaction to Obama’s executive order and the proposals presented.

McCormack, John. "Terrorists Should Not Be Incarcerated in U.S. Jails." War Crimes. Ed. Margaret Haerens. Detroit: Greenhaven Press, 2011. Opposing Viewpoints. Rpt. from "Congressional GOP Memo on Moving Gitmo Detainees to Illinois." Weekly Standard (15 Dec. 2009). Gale Opposing Viewpoints In Context. Web. 11 Feb. 2013

Vlahos, Kelley Beaucar. "Gitmo's prying eyes: the Defense Department wages war on attorney-client privilege." The American Conservative 11.2 (2012): 24+. Gale Opposing Viewpoints In Context. Web. 11 Feb. 2013.

Becker, Joseph D. "True writ: habeas corpus, secret courts & gitmo." Commonweal 139.2 (2012): 9. Gale Opposing Viewpoints In Context. Web. 11 Feb. 2013

Ambinder, Marc. "On terrorists, Obama rethinks Gitmo." National Journal (2011). Gale Opposing Viewpoints In Context. Web. 11 Feb. 2013.

"Four years after signature promise, Gitmo is still open." Washington Times [Washington, DC] 21 Jan. 2013: A01. Gale Opposing Viewpoints In Context. Web. 11 Feb. 2013.

Week 8-9

A reading of two books that have been highly quoted regarding prisoners, tribunals and how the role the law should play

Fisher, Louis. Military Tribunals and Presidential Power: American Revolution to the War on Terrorism. Lawrence, Kan.: University Press of Kansas, 2005

Rodley, Nigel. The Treatment of Prisoners Under International Law. London: Oxford University

Press, November 2000.

Week 10-11

A reading of another two books that looks not only at the larger issues of terrorism and war (and why the U.S. made certain legal decisions) but also a an assessment regarding the initials decisions made regarding the use of GITMO after 9/11

Zinn, Howard. Terrorism and War. New York: Seven Stories Press, January 2002

Philippe Sands Torture Team: Rumsfeld's Memo and the Betrayal of American Values. New York: Palgrave Macmillan, 2008.



Week 13-14

A thorough reading of the media reaction regarding GITMO to fill in gaps or information that my aforementioned sources did not address.

Bravin, Jess. "Supreme Court Hears Two Cases on Due Process in Era of Terror." Wall Street Journal (April 29, 2004): A5.

Greenberger, Robert and Jess Bravin. "High Court Backs Detainees' Right to Challenge U.S." Wall Street Journal (June 29, 2004): A1.

Greenhouse, Linda. "Court Hears Case on U.S. Detainees." New York Times (April 29, 2004) [accessed April 29, 2004]: www.nytimes.com.

McGough, Michael. "Supreme Court Decision Protects Detainees." Pittsburgh Post-Gazette (July 18, 2004) [accessed July 18, 2004]: www.post-gazette.com.

"No Blank Check." The Nation (July 19, 2004): 4.

Taylor Jr., Stuart. "The Fragility of Our Freedoms in a Time of Terror?" The Atlantic Online (May 5, 2004) [accessed May 10, 2004]: www.theatlantic.com.

"Terror and the Court." Wall Street Journal (June 29, 2004): A14.

Cole, David. "Operation Enduring Liberty." The Nation (June 3, 2002): 11.

Davies, Frank. "Detaining Suspects Brings Many Legal Questions." Miami Herald (May 9, 2002): A40.

Doran, James. "Human Rights Fall to U.S. Torturers, Says Amnesty." The Times (May 29, 2002): 18.

Edley Jr., Christopher. "A U.S. Watchdog for Civil Liberties." Washington Post (July 14, 2002): B7

Kelley, Matt. "Lawyers: Detainees' Rights Violated." Associated Press Online (June 26, 2002) [accessed July 24, 2002]: <www.ap.org>.

Kuhnhenn, James. "Detention of 'Dirty Bomb' Suspect Raises Questions about Legal Protections." Knight Ridder Washington Bureau (June 12, 2002) [accessed June 17, 2002]: <www.krwashington.com>.

Lithwick, Dahlia. "Hiding the Dirty Bomber from the U.S. Constitution." Slate (June 11, 2002) [accessed June 18, 2002): <www.slate.msn.com>.



Week 15-16

A continued reading of news sources that addresses various issues regarding GITMO

Savage, David. "Detention of a Citizen Questioned." Los Angeles Times (June 12, 2002): A1.

Weisberg, Jacob. "Taking Liberties." Slate (November 28, 2001) [accessed June 18, 2002]: <slate.msn.com>.

Massimo Calabresi "Obama Grapples with Holder's 9/11 Trials Plan," Time, February 3, 2010.

Jim Comey and Jack Goldsmith "Holder's Decision on Mohammed Trial Defended," Washington Post, November 20, 2009.

Helene Cooper and David Johnston "Obama Tells Prison to Take Detainees," New York Times, December 15, 2009.

Randy James "A Brief History of Military Commissions," Time, May 18, 2009.

Fred Kaplan "There Are Already 355 Terrorists in American Prisons," Slate, May 29, 2009. www.slate.com.

Daniel Klaidman "Terror Begins at Home," Newsweek, February 12, 2010.

Dahlia Lithwick "Holder Laughed," Slate, November 18, 2009. www.slate.com.

Michael B. Mukasey "Civilian Courts Are No Place to Try Terrorists," Wall Street Journal, October 19, 2009.



National Review "Gitmo by the Lake," December 15, 2009.

Anthony D. Romero "Terrorists Are Criminals and Should Be Tried in Civilian Court," U.S. News & World Report, February 16, 2010.



Conclusions:

GITMO placed the United States in the center of various debates surrounding torture, human rights and even the dealing of the “war on terror” on the international stage. It was met with both acceptance and necessity and continues to be a source of debate. For students as well as for faculty, this discussion has not been given much attention in the recent years. As both American and Global citizens, the Collin community should have a larger understanding regarding this issue and its contribution (be that good or bad) and work to become both informed on this issue as well as work towards solving the various human rights violations that have continued to occur.

Proposed Reading List

RASUL v. BUSH 2003,

HAMDI v. RUMSFELD 2003

RUMSFELD v. PADILLA 2003

HAMDAN v. RUMSFELD 2005

Military Commissions Act 2006 available at http://www.intelligence.senate.gov/laws/pl109-366.pdf

Katel, Peter, and Kenneth Jost. "Treatment of Detainees." CQ Researcher 25 Aug. 2006: 673-96. Web. 11 Feb. 2013.

Jost, Kenneth. "Prosecuting Terrorists." CQ Researcher 12 Mar. 2010: 217-40. Web. 11 Feb. 2013


Stern, S. (2007, September 1). Torture debate. CQ Global Researcher, 1, 211-236. Retrieved from http://library.cqpress.com/globalresearcher

Adapted from Jost, Kenneth. "Closing Guantánamo." CQ Researcher 27 Feb. 2009: 177-200. Web. 11 Feb. 2013.

Jost, Kenneth. "Interrogating the CIA." CQ Researcher 25 Sept. 2009: 789-812. Web. 11 Feb. 2013.

Masci, David. "Torture." CQ Researcher 18 Apr. 2003: 345-68. Web. 11 Feb. 2013.

Masci, David. "Ethics of War." CQ Researcher 13 Dec. 2002: 1013-32. Web. 11 Feb. 2013.

"Military Tribunals." Issues & Controversies On File: n. pag. Issues & Controversies. Facts On File News Services, 13 Dec. 2004. Web. 11 Feb. 2013. .

Update: Military Tribunals." Issues & Controversies On File: n. pag. Issues & Controversies. Facts On File News Services, 6 Oct. 2006. Web. 11 Feb. 2013. .

Update: Detainees' Rights." Issues & Controversies On File: n. pag. Issues & Controversies. Facts On File News Services, 11 June 2007. Web. 11 Feb. 2013. .

September 11 Terrorism Trials." Issues & Controversies On File: n. pag. Issues & Controversies. Facts On File News Services, 18 Dec. 2009. Web. 11 Feb. 2013. .

Detainees' Rights." Issues & Controversies On File: n. pag. Issues & Controversies. Facts On File News Services, 15 Apr. 2004. Web. 11 Feb. 2013. .

War-Crimes Tribunals." Issues & Controversies On File: n. pag. Issues & Controversies. Facts On File News Services, 23 May 2003. Web. 11 Feb. 2013.

McCormack, John. "Terrorists Should Not Be Incarcerated in U.S. Jails." War Crimes. Ed. Margaret Haerens. Detroit: Greenhaven Press, 2011. Opposing Viewpoints. Rpt. from "Congressional GOP Memo on Moving Gitmo Detainees to Illinois." Weekly Standard (15 Dec. 2009). Gale Opposing Viewpoints In Context. Web. 11 Feb. 2013

Vlahos, Kelley Beaucar. "Gitmo's prying eyes: the Defense Department wages war on attorney-client privilege." The American Conservative 11.2 (2012): 24+. Gale Opposing Viewpoints In Context. Web. 11 Feb. 2013.

Becker, Joseph D. "True writ: habeas corpus, secret courts & gitmo." Commonweal 139.2 (2012): 9. Gale Opposing Viewpoints In Context. Web. 11 Feb. 2013

Ambinder, Marc. "On terrorists, Obama rethinks Gitmo." National Journal (2011). Gale Opposing Viewpoints In Context. Web. 11 Feb. 2013.

"Four years after signature promise, Gitmo is still open." Washington Times [Washington, DC] 21 Jan. 2013: A01. Gale Opposing Viewpoints In Context. Web. 11 Feb. 2013.

Fisher, Louis. Military Tribunals and Presidential Power: American Revolution to the War on Terrorism. Lawrence, Kan.: University Press of Kansas, 2005

Rodley, Nigel. The Treatment of Prisoners Under International Law. London: Oxford University

Press, November 2000.

Zinn, Howard. Terrorism and War. New York: Seven Stories Press, January 2002

Philippe Sands Torture Team: Rumsfeld's Memo and the Betrayal of American Values. New York: Palgrave Macmillan, 2008.

Bravin, Jess. "Supreme Court Hears Two Cases on Due Process in Era of Terror." Wall Street Journal (April 29, 2004): A5.

Greenberger, Robert and Jess Bravin. "High Court Backs Detainees' Right to Challenge U.S." Wall Street Journal (June 29, 2004): A1.

Greenhouse, Linda. "Court Hears Case on U.S. Detainees." New York Times (April 29, 2004) [accessed April 29, 2004]: www.nytimes.com.

McGough, Michael. "Supreme Court Decision Protects Detainees." Pittsburgh Post-Gazette (July 18, 2004) [accessed July 18, 2004]: www.post-gazette.com.

"No Blank Check." The Nation (July 19, 2004): 4.

Taylor Jr., Stuart. "The Fragility of Our Freedoms in a Time of Terror?" The Atlantic Online (May 5, 2004) [accessed May 10, 2004]: www.theatlantic.com.

"Terror and the Court." Wall Street Journal (June 29, 2004): A14.

Cole, David. "Operation Enduring Liberty." The Nation (June 3, 2002): 11.

Davies, Frank. "Detaining Suspects Brings Many Legal Questions." Miami Herald (May 9, 2002): A40.

Doran, James. "Human Rights Fall to U.S. Torturers, Says Amnesty." The Times (May 29, 2002): 18.

Edley Jr., Christopher. "A U.S. Watchdog for Civil Liberties." Washington Post (July 14, 2002): B7

Kelley, Matt. "Lawyers: Detainees' Rights Violated." Associated Press Online (June 26, 2002) [accessed July 24, 2002]: <www.ap.org>.

Kuhnhenn, James. "Detention of 'Dirty Bomb' Suspect Raises Questions about Legal Protections." Knight Ridder Washington Bureau (June 12, 2002) [accessed June 17, 2002]: <www.krwashington.com>.

Lithwick, Dahlia. "Hiding the Dirty Bomber from the U.S. Constitution." Slate (June 11, 2002) [accessed June 18, 2002): <www.slate.msn.com>.

Savage, David. "Detention of a Citizen Questioned." Los Angeles Times (June 12, 2002): A1.

Weisberg, Jacob. "Taking Liberties." Slate (November 28, 2001) [accessed June 18, 2002]: <slate.msn.com>.

Massimo Calabresi "Obama Grapples with Holder's 9/11 Trials Plan," Time, February 3, 2010.

Jim Comey and Jack Goldsmith "Holder's Decision on Mohammed Trial Defended," Washington Post, November 20, 2009.

Helene Cooper and David Johnston "Obama Tells Prison to Take Detainees," New York Times, December 15, 2009.

Randy James "A Brief History of Military Commissions," Time, May 18, 2009.

Fred Kaplan "There Are Already 355 Terrorists in American Prisons," Slate, May 29, 2009. www.slate.com.

Daniel Klaidman "Terror Begins at Home," Newsweek, February 12, 2010.

Dahlia Lithwick "Holder Laughed," Slate, November 18, 2009. www.slate.com.



Michael B. Mukasey "Civilian Courts Are No Place to Try Terrorists," Wall Street Journal, October 19, 2009.

National Review "Gitmo by the Lake," December 15, 2009.

Anthony D. Romero "Terrorists Are Criminals and Should Be Tried in Civilian Court," U.S. News & World Report, February 16, 2010.
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