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Reimagining and Rewriting the Guantánamo Bay Detainee Library: Translation, Ideology, and PowerMcCammon, Muira N 07 November 2016 (has links)
The main argument of this thesis is that the rewriters of the story of the Guantánamo Bay Detainee Library, namely journalists and filmmakers, engage differently with primary source material about the detention facility; what they omit and include in their narratives varies and depends largely on their pre-established ideologies. In the field of translation studies, this thesis contributes a new case study; it considers the problematic interplay between law, libraries, and multilingual information access in detention facilities. My research also demonstrates the challenges of examining a library that belongs to a highly controversial military system. In the first chapter I review previous studies of detainee libraries, and I introduce the concepts of rewriting, power, patronage, and ideology. In the second chapter I evaluate how reading material is unevenly distributed across nineteen language groups in the Guantánamo Bay Detainee Library. In the third chapter I reflect on the ways in which news articles written by civilian and military journalists about the Guantánamo Bay Detainee Library are rooted in disparate ideologies. In the fourth chapter I parse the story of the Guantánamo Bay Detainee Library as it is told through the fictitious lens of the film Camp X-Ray (2014). In the fifth and final chapter I summarize the logistical challenges of studying the Guantánamo Bay Detainee Library from afar and imagine what future might await its books.
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Prisoner of war or illegal enemy combatant? : an analysis of the legal status and rights of the Guantánamo detaineesMcDonald, Nicole Reyann 30 April 2008
The objective of this thesis is to explore and analyze some of the major difficulties, challenges, and debates involved with the issue over which status and rights to afford to those detained in the War on Terrorism, in particular the Guantánamo detainees. Unlike conflicts of the past, the War on Terrorism is being waged against very unconventional enemies. Because of this, the Bush Administration, foreign governments, human rights groups, and both governmental and non-governmental organizations are currently engaged in a critical debate over which legal status and rights should be afforded to these enemies upon their detention.
If any agreement is to be made regarding the legal status of the Guantánamo detainees, it is important to obtain a basic understanding of the issue itself as well as both sides of the debate. In order to do this, three core issues are explored. Firstly, what are President Bushs strategic reasons for refusing to grant the Guantánamo detainees prisoner of war (POW) status and what are the steps that the Administration has taken to ensure that its strategies in approaching the War on Terror are protected? Secondly, what are the counter arguments to the Bush Administrations position, who is voicing these arguments, and why? Finally, what impact does the Administrations position have on how and to what extent the War on Terror is waged?
Once these questions have been explored, the thesis concludes that the Bush Administrations approach to the War on Terror has proven to be reckless. The security threat posed by terrorism should not obscure the importance of human rights. An anti-terrorism policy that ignores human rights is a gift to terrorists. It reaffirms the violent instrumentation that breeds terrorism as it undermines the public support needed to defeat it. A strong human rights policy that respects the detainees right to due process and to not be subjected to torture, cannot replace the actions of security forces, but is an essential complement. A successful anti-terrorism policy must endeavor to build strong international norms and institutions based on human rights, not provide a new rationale for avoiding and undermining them. If the Bush Administration remains on its present path, the rights of the Guantánamo detainees will continue to be violated and, as a result, threaten the rights of others who depend on the fair application of the law.
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Prisoner of war or illegal enemy combatant? : an analysis of the legal status and rights of the Guantánamo detaineesMcDonald, Nicole Reyann 30 April 2008 (has links)
The objective of this thesis is to explore and analyze some of the major difficulties, challenges, and debates involved with the issue over which status and rights to afford to those detained in the War on Terrorism, in particular the Guantánamo detainees. Unlike conflicts of the past, the War on Terrorism is being waged against very unconventional enemies. Because of this, the Bush Administration, foreign governments, human rights groups, and both governmental and non-governmental organizations are currently engaged in a critical debate over which legal status and rights should be afforded to these enemies upon their detention.
If any agreement is to be made regarding the legal status of the Guantánamo detainees, it is important to obtain a basic understanding of the issue itself as well as both sides of the debate. In order to do this, three core issues are explored. Firstly, what are President Bushs strategic reasons for refusing to grant the Guantánamo detainees prisoner of war (POW) status and what are the steps that the Administration has taken to ensure that its strategies in approaching the War on Terror are protected? Secondly, what are the counter arguments to the Bush Administrations position, who is voicing these arguments, and why? Finally, what impact does the Administrations position have on how and to what extent the War on Terror is waged?
Once these questions have been explored, the thesis concludes that the Bush Administrations approach to the War on Terror has proven to be reckless. The security threat posed by terrorism should not obscure the importance of human rights. An anti-terrorism policy that ignores human rights is a gift to terrorists. It reaffirms the violent instrumentation that breeds terrorism as it undermines the public support needed to defeat it. A strong human rights policy that respects the detainees right to due process and to not be subjected to torture, cannot replace the actions of security forces, but is an essential complement. A successful anti-terrorism policy must endeavor to build strong international norms and institutions based on human rights, not provide a new rationale for avoiding and undermining them. If the Bush Administration remains on its present path, the rights of the Guantánamo detainees will continue to be violated and, as a result, threaten the rights of others who depend on the fair application of the law.
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Důvody nuceného krmení vězňů na Guantánamu v kontextu Foucaultovy teorie moci / The reasons for force feeding prisoners at Guantanamo in the context of Foucault's theory of PowerPolák, Michal January 2014 (has links)
Aim of this paper is to explain used forced feeding of hunger strikers at the U.S. Prison at Guantanamo, when this technique is prohibited in international law. I used the sociology of Michel Foucault, who devoted himself to the topic of imprisonment. His work is often used in the interpretation of what is happening at Guantanamo. With the help of these interpretations were generated two hypotheses. I tested compiled hypotheses in study of literature including news articles, research papers, reports of human rights organizations, legislation, interviews with former camp detainees or camp staff etc. We conclude that the prisoners at Guantanamo are not fed to be kept alive, but rather to be punished for a hunger strike protest. The conclusions highlight a new form of relationship between state and its citizens, which calls for more comprehensive analysis of current form of government, which we are not able to cover in this work.
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The Evaluation of Legal Rights Granted to Non-Citizen DetaineesOldershaw, Julia 01 January 2023 (has links) (PDF)
For over two decades, the United States imprisoned and detained hundreds of suspected terrorists at the United States Naval Base in Guantánamo Bay, Cuba. While many of these prisoners were suspected of being terrorists, no formal charges were ever levied against the detainees. All of the prisoners detained were considered non-citizens of the United States. They were not citizens of either Cuba or the United States. Instead, they were citizens of another country. While the legal precedent in the United States' territorial jurisdiction is that non-citizens are granted specific Constitutional rights, Guantánamo Bay was a legal black hole to which the United States had not claimed territorial jurisdiction. This paper seeks to understand if the prisoners at Guantánamo Bay held any Constitutional rights when they were brought to the Naval Base. Through the examination of the Supreme Court cases that dealt with non-citizen prisoners located outside of the United States borders and through the classification of the prisoners as unlawful enemy combatants, the question of the legal rights held by these prisoners will be answered. A better understanding of the events that transpired at Guantánamo Bay will allow the United States federal government and subsequent intelligence communities better insight into the rights that non-citizens possess.
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Prisoner of War or Unlawful Combatant : An Evolution of International Humanitarian LawÖstberg, Jenny January 2006 (has links)
<p>The construction of International Humanitarian Law and the norms regarding protection of prisoners of war have evolved as a reaction to the horrors of war. After September 11 and the following war on terrorism the notion of POWs has been widely debated. The USA holds prisoners at the navy base at Guantánamo Bay, Cuba without granting them status as POWs; this thesis is placing the treatment of these detainees within a historical context. The norm concerning rights of POWs is today both internationalized and institutionalized, but that has not always been the case. This thesis illuminates how the norms have evolved during World War I, World War II and Vietnam War; finally the war against terrorism and the treatment of the prisoners at Guantánamo Bay is analyzed. The intention of the thesis is to use a historical overview of the evolution of IHL, and the rights of POWs in particular, to formulate a wider assumption about the implication of IHL in the war against terrorism and the future.</p><p>The thesis adopts a theory which combines constructivism and John Rawls´ theory of justice and uses constructivist ideas about the nature of the international system applied to Rawls´ notion of justice. The constructivist theory and ontology are the basis of the theoretical framework of this thesis and Rawls´ definition of justice as the base of social institutions are viewed from a constructivist perspective. IHL and the norms regarding protection of POWs are thus considered as social facts, constructed and upheld through social interaction between states.</p>
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Prisoner of War or Unlawful Combatant : An Evolution of International Humanitarian LawÖstberg, Jenny January 2006 (has links)
The construction of International Humanitarian Law and the norms regarding protection of prisoners of war have evolved as a reaction to the horrors of war. After September 11 and the following war on terrorism the notion of POWs has been widely debated. The USA holds prisoners at the navy base at Guantánamo Bay, Cuba without granting them status as POWs; this thesis is placing the treatment of these detainees within a historical context. The norm concerning rights of POWs is today both internationalized and institutionalized, but that has not always been the case. This thesis illuminates how the norms have evolved during World War I, World War II and Vietnam War; finally the war against terrorism and the treatment of the prisoners at Guantánamo Bay is analyzed. The intention of the thesis is to use a historical overview of the evolution of IHL, and the rights of POWs in particular, to formulate a wider assumption about the implication of IHL in the war against terrorism and the future. The thesis adopts a theory which combines constructivism and John Rawls´ theory of justice and uses constructivist ideas about the nature of the international system applied to Rawls´ notion of justice. The constructivist theory and ontology are the basis of the theoretical framework of this thesis and Rawls´ definition of justice as the base of social institutions are viewed from a constructivist perspective. IHL and the norms regarding protection of POWs are thus considered as social facts, constructed and upheld through social interaction between states.
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Examining the Legality of the Guantánamo Bay Detention Center According to International Humanitarian Law and International Human Rights LawWinchester, Sydney T 01 January 2016 (has links)
The purpose of this research paper is to examine how international humanitarian law (IHL) and international human rights law (IHRL) are applied to the Guantánamo Bay detention center. This paper was completed through the research of international treaties, court cases, and secondary sources that thoroughly discussed issues pertaining to Guantánamo and international law.
This paper first examines the differences between the two laws by looking at the particular roles each is meant to play in the subject of international law, as well as how the two have been applied thus far to the situation at Guantánamo. Second, the paper discusses the topic of whether or not IHL and IHRL should be mutually exclusive, or can be interpreted alongside each other. In addition, a discussion of the opposing viewpoints on this topic will be presented including the United States argument of lex specialis, and the opposing arguments of the international community. Chapter three will cover the topic of extraterritorial application and how it affects the international treaties and court cases that deal with issues pertinent to Guantánamo. The fourth chapter discusses the effects that Guantánamo has on the reputation of the United States internationally, and how it affects human rights around the world. Chapter five discusses possible recommendations in order to achieve the long-term goal of ending the Guantanamo Bay controversy, and protecting and promoting human rights everywhere.
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