Human Rights of Detainees

Paper Summary:

This paper discusses the human rights of prisoners of war. Particularly, the paper focuses on the rights of detainees of the United States government in Guantanamo Bay, Cuba. The paper discusses the differences between the application of the US Constitutional law by the US Courts and the relevant international human rights law for dealing with the detainees. It concludes by discussing the implications for the United States of their policies.

Table of Contents:
Introduction
Analysis
Conclusion

From the Paper:

"As regards the writ of habeas corpus, in case the US Courts found authority, there are chances that it will possibly be debated that the President's Military Order dated 13 November 2001 has kept in abeyance the right of the prisoner to apply for habeas corpus. As per the provisions of 7(b) (2) of the Military Order, it lays down that the person shall not have the power to look for any solution or keep any proceeding, directly or indirectly, or to possess any such solution or any events or keep record of any events on the behalf of the person in any court inside the United States. But the Constitution of the US maintains that the right of the writ of habeas corpus shall not be discontinued for the time being except in cases of mutiny or incursion, the exigencies of public safety might demand it."

Sample of Sources Used:

• Chlopak, Erin. Dealing with the Detainees at Guantanamo Bay: Humanitarian and Human Rights Obligations under the Geneva Conventions. Human Rights Brief. Volume 9 Issue 3. Retrieved March 23, 2006, from the World Wide Web: http://www.wcl.american.edu/hrbrief/09/3guantanamo.cfm
• Fisher, William. 2006. What to Do With the Prisoners? 22 February. Retrieved March 22, 2006, from the World Wide Web: http://www.countercurrents.org/us-fisher220206.htm
• Greenberg, Karen J; Dratel, Joshua L. The Torture Papers: The Road to Abu Ghraib. Cambridge University Press. 2005.
• Guantanamo: Lives torn apart - The impact of indefinite detention on detainees and their families. 2006. February 6. Retrieved March 22, 2006, from the World Wide Web: http://web.amnesty.org/library/Index/ENGAMR510072006
• Guantanamo: Three Years of Lawlessness-Detainees Still Held Indefinitely Without Basic Rights. 2005. January 11. Retrieved March 22, 2006, from the World Wide Web: http://hrw.org/english/docs/2005/01/11/usdom9990.htm

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