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10 years of Guantanamo: a decade of reducing the law in the United States

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Author(s): Laia Tarragona Fenosa

Journal: Revista CIDOB d'Afers Internacionals
ISSN 1133-6595

Issue: 97-98;
Start page: 325;
Date: 2012;
Original page

Keywords: Guantanamo | International Humanitarian Law | habeas corpus | military commissions | United States

ABSTRACT
At the time of the 10th anniversary of the opening of the detention centre in Guantanamo Bay, many are wondering about the reasons of its very existence in a country that purports to be the defender of the rule of law and human rights. To answer this question, this paper reviews the development of the regulations (both US and international humanitarian law) that are applied to the detainees. It also examines the violations of basic principles of law that have occurred and continue to occur, such as denial of access to ordinary courts and the right to a trial in case of detention, as well as breaches of the protections and guarantees provided by international humanitarian law. Finally, the author analyses the reasons that have allowed the centre to remain in operation despite President Obama’s pledge to close it, which he made early on in his term.
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