The Guantanamo Bay detention camp also known as G-bay or GITMO is a military interrogation and detainment facility that was established in 2002. Guantanamo bay detention camps are high security detainee camps which are run by the United States army. These camps were established to hold people deemed unlawful combatants. The areas of detainment consisted of three camps which were the camp Iguana, Camp Delta which included Camp Echo and lastly there was Camp X-ray. This detention camp is located in Cuba within the Guantanamo naval base. The Bush administration ruled out that the Guantanamo detainees are not entitled to any legal protection under the Geneva Convention. Even though the United States Supreme Court had ruled in Hamden V. Rumsfeld in 2006 that the detainees are entitled to protection under Common Article III of the Geneva constitution, the detainees were still detained and tortured in the Guantanamo camps. Most of the detainees are Al-Qaeda and Taliban fighters who are held on terror suspicion.
Detainment of combatants was as a result of the 2001 September 11th attacks on the twin towers and the pentagon in the United States. These attacks brought about conflicts between the United States and Afghanistan which led to the arrest of many who were later detained. In this paper, I am going to argue that foreign nationals detained at the Guantanamo bay detention camps should not be given a chance to contest and challenge their detention simply because, they are criminals who are a threat to the national security.
The Guantanamo detainees should not be granted a chance to challenge their detention because the third Geneva Convention only applies to uniformed soldiers and guerillas who abide by the rules of the war and Al-Qaeda and Taliban fighters are not uniformed soldiers and thus are not entitled to any legal protection but are considered as terrorists (Rose, 2004).). Many of the detainees were Al-Qaeda and Taliban fighters who are terrorists and terrorists do not deserve to be treated as soldiers and still are not recognized as uniformed soldiers but are a threat to security. These detainees are not entitled to protection because they are unlawful. They are combatants who do not act according to the rules of war and so they do not qualify for the Geneva Convention protection which is for soldiers who act according to the rules of the war. They were detained due to terror attacks and suspicion which are a threat to the American citizens.
The Guantanamo bay camp houses some of the most high value detainees and criminals who the United States army has captured, these detainees have links to terrorism activities and thus they are a threat to the national security. An example of these high value detainees is Khalid Sheikh Mohammed who is a criminal who first proposed the September 11th attack to Osama Bin Laden and was later executed (Blum, 2008). They are detainees at the Guantanamo camps but there are reports of them threatening and attacking guards and if they are allowed to contest their detention, they will be a very big threat to the nation. Additionally, the detainees often confess that if released, they are ready to wage war against the U.S. and thus detention camps are the best places for dangerous criminals like them. They should never be allowed to challenge their detention unless the U.S. wants to experience war and terrorist attacks from them.
The Guantanamo detainees are a threat to security and this is the reason why they should be detained and denied a chance to challenge their detention because if they are released, the national security and the American people will be a risk. Most of these detainees are people who are responsible for the death of thousands of civilians and if they are not detained, many civilians will continue losing their lives in their hands. The only way for taking preventive and repressive measures against terror attacks is by detaining them because terrorism is a difficult crime to b handled by the legal systems. In addition, if these terrorists are later released after contesting for their detention, it will lead to numerous terrorist attacks all over the world. Furthermore, they will be out for revenge for their detention and this can lead to death of many Americans and this can only be avoided by detaining them in the detention camps. The foreign groups waging war have always issued unprecedented threats to the U.S. government and if their leaders who are detained are released, these threats will be carried out. The unlawful combatants are a national security threat to the U.S. and the release of those detained will make the lives of the Americans at risk.
Another reason why the Guantanamo detainees should not be granted a chance to challenge their detention is that most of the detainees held in these camps are held on suspicion of terrorism or links to Al-Qaeda and Taliban. The al-Qaeda and Taliban are terrorists groups that are targeting the United States and are famously known for terrorism activities. If these detainees are released, the U.S. security will be at risk and vulnerable to terrorist attacks. They should be detained so as not to go back to the battle field and cause more harm and the loss of lives. In the case of Hamden V. Rumsfeld, it was ruled out that he be detained and incapacitated so that he does not go back to the battle field where the lives of 10,000 American troops could have been put in danger. He was a threat to the American troops. These detainees are unlawful combatants who do not follow the war rules and if they go back to the battle field, they will kill all the remaining Americans in the war just for revenge and to win the war.
The Guantanamo detainees should not be granted a chance to contest their detention before a judge because, a judge might release them yet they are sworn enemies of the United States. The Guantanamo detainees are uniquely lethal since most of them are behind the planning and executing the attacks on the American embassies and if released after contesting their detention, they will plan and execute more attacks. Sworn enemies do not have pity upon their enemies and since most of the Guantanamo detainees are sworn enemies to the U.S., they will use all the weapons they have to destroy it (Ratner and Ray, 2004). This has been seen in several attacks on the U.S. embassies all over the world causing the death of many innocent lives in those countries. A good example is the August 7 attack on the U.S. embassy in Kenya which led to the death of many Kenyans at that time and many have been left paralyzed due to that deadly attack.
Foreign nationals detained at the Guantanamo bay as enemy combatants should be allowed to contest their detention simply because they are human just like other human beings who are allowed the right to trial. They should be given the right to fair trial. The detainees should be given equal rights like other citizens. Everybody is entitled to the due process of the law under the 5th amendment and no one should be deprived of this liberty without due process of the law. The detainees are not an exception to this because it is part of their fundamental constitutional rights where the due process of the law should be administered before they are detained or imprisoned. Habeas corpus grants every individual the chance to contest their detention and imprisonment before a judge and thus the detainees are not an exception and should also be granted this right of habeas corpus. They should not be detained without being given the right to legal counsel.
According to the United States legal process, a person should be proven beyond reasonable doubt that they are guilty of the offence that is leading to their detention or imprisonment and has the right to an attorney. It is unfortunate that this right is being denied to the detainees by the U.S. government which is contrary to their law. Detainees should not be deprived of the right to trial and should be allowed to contest for their detention to avoid being imprisoned without charges. They should be entitled to tribunals just like the American combatants are entitled (Ackerman, 2008). More over, they should be proven guilty first before being detained because these can lead to detention of innocent people.
Detainees should be allowed to contest for their detention because if they are denied this chance, it is contrary to the international humanitarian and the criminal laws. Furthermore, there have been reported cases of torture and harassment of detainees in these camps. This is being inhumane to fellow humans. According to Mehdi Ghezali who was a former detainee, Ghezali tells of how he was a victim of torture in the camps. Ghezali explains how they are sexually assaulted and degraded, drugged by being injected and beaten up in the detainment camps. This is a violation of human rights because they are being tortured yet no legal charges have been pressed on them and also they have not been proven guilty of any offence claimed to have been committed by them. If they are allowed to challenge their detention, thus will save them from the torture and the harsh treatment they get from the detention camps. It is inhumane to torture fellow human beings and to make it worse who have not even been proven guilty.
Many former detainees have complained of being denied the freedom of worship and their religion being abused while in the camps. Everyone is entitled to the freedom of worship and this applies to the detainees too. They complained that their Quran was torn and flashed in the toilets and were even beaten up when found reading it. This is contrary to U.S. Governments law of respecting all religions and cultural sensitivities. If the detainees are allowed to contest for their detention, they will be able to defend their religion even in court. In addition, they will be able to enjoy the freedom of worship which is entitled to all people.
The foreign nationals should be able to contest for their detention because the Supreme Court has given them the opportunity to do so (Blums, 2008). The two decisions made by the Supreme Court was that of Hamden V. Rumsfeld which stated that even though the congress had allowed the detention of unlawful combatants, the legal process of the United states demands that any citizen in the U.S. held as a combatant should be given the opportunity to contest for their detention. In addition, they should also be given factual reasons as to why they are detained and imprisoned. It is unfortunate that the Guantanamo detainees are not given this chance and are detained without being given the factual reasons as to why they are detained.
The question of whether the Guantanamo detainees should be allowed to challenge their detention has raised so many debates in the American courts. The debates have become political and emotional thus many world organizations and politicians have called for its closure. This question remains unsettled although the Supreme Court has granted every combatant the right to habeas corpus. Most of the detainees are held for suspicion of terrorism and al-Qaeda links and thus are a threat to the national security. They should be detained so that a repeat of the September 11 bombing of the pentagon and twin towers should not be seen. The unlawful combatants are a threat to the U.S. and thus the only way to beef up security and protect the lives of the America citizens is by detaining and imprisoning them for the crimes against humanity they have committed.
Through terrorist attacks, many people have lost their lives and others lefts crippled for the rest of their lives. If they are set free, they will be out for revenge on the United States for their detention and thus there will be many terror attacks reported thus loss of many lives and property. These are people who are lethal and responsible for the death of thousands of innocent civilians if they contest for their detention and are released, they are a very big threat to the national security.
References
Ackerman, B. (2006). Before the next attack: Preserving civil liberties in an age of terrorism. New Haven: Yale Univ. Press.
Blum, S. (2008). The necessary evil of preventive detention in the war on terror. Amherst, New York: Cambria Press.
Ratner, M. & Ray, E. (2004). Guantanamo. White River Jct., VT: Chelsea Green Publishing.
Rose, D. (2004). Guantanamo. New York: New Press.
