Guantanamo Bay Research Paper

Guantanamo Bay: Should we close it?

I. Description of the issue: As a result of the Attacks of al Qaeda ant he Taliban, the United States is detaining prisoners at Guantanamo Bay Naval Base in Cuba. However, according to critics, the prisoners at Guantanamo Bay are being held unlawfully and have been deprived of rights entitled to them under the U.S. Constitution and Treaties of the United States. Indeed, President Barack Obama on Jan. 22, 2009 signed an Executive Order to close the infamous military prison camp at Guantanamo Bay. The President Argued that the Founding Fathers would agree that America must “observe the core standards of conduct not just when it’s easy but also when it’s hard.” The legality of holding prisoners at Guantanamo Bay has always been under scrutiny post-9/11. However, the question as to when and how the United States should proceed in closing the

That is how it was originally established. (2) The legality of holding prisoners at Guantanamo Bay. (3) Constitutional challenges to the legality of holding prisoners at the Bay. (4) Pros and Cons in closing the prison and finally, the national security concerns that should be considered in closing or maintaining the prison.

II. Contextual information about Guantanamo Bay

• History of Guantanamo Bay

• United States occupation right of the Bay

III. The legality of holding prisoners at Guantanamo Bay

• War on Terror Justification

 Authorization for Use of Military Force ( AUMF) passed by the Congress

 Unique provision providing the President the power to act against organization or persons

• Enemy Combatants Justification

 Article 4 of Geneva Convention v. Department of Defense and Department of Justice recommendations

• Habeas Corpus

 Right of prisoners to challenge the legality of their detention

 Constitutional and International Treaty Rights

IV. Challenges to the legality of holding prisoners:

• Judicial