TITLE

Is Guantanamo Bay Undermining the GlobalWar on Terror?

AUTHOR(S)
Fogarty, Gerard P.
PUB. DATE
September 2005
SOURCE
Parameters: U.S. Army War College;Autumn2005, Vol. 35 Issue 3, p54
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This article discusses the issue of how to deal with the detainees in the ongoing global war on terrorism led by the United States. The article makes specific reference to detainee operations carried out in Guantanamo Bay, Cuba. The issue is an extremely difficult one. The subject has not only generated worldwide commentary, but rifts within the U.S. president George W. Bush administration itself. Following the terrorist attack of September 11, 2001, the administration invoked extraordinary wartime powers to establish a new system of military justice that would match a very different type of conflict. As the administration sought to apply those powers, it became mired in problems that it is still struggling to solve. Here in the article competing positions on the legal status of the detainees are assessed. The article outlines why Guantanamo Bay was chosen as a location for detainee operations. It then outlines the competing positions on the prisoner of war status of the detainees and the competing views on the due process protections that should be provided detainees charged with war crimes.
ACCESSION #
18320567

 

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