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Guantanamo Bay Term Paper

… An additional 16 voted for the Cuban independence measure and abstained from the Platt Amendment (Mellen, 2004). These votes from the hypocritical members of the Senate would have defeated the Platt Amendment had they not changed their position so drastically (Mellen, 2004).

The U.S. intent to use the Platt amendment as the means to legitimize control over Cuba was not a hidden agenda (Mellen, 2004). Congressman Corliss of Michigan stated: "I am construed to vote for the amendment with reference to the island of Cuba, because I believe that the adoption thereof will insure the continuance of our sovereignty. I am unalterably opposed to the surrender of the sovereignty of the United States over the island of Cuba" (Mellen, 2004). Congressman C.E. Littlefield of Maine…. [read more]


Guantanamo Bay Thesis

… Guantanamo Bay: Detainees or Enemy Combatants

Guantanamo Bay, Cuba, where the United States maintains a Navy base, is also the place that has, for the past seven years, since September 11, 2001, been the subject of controversy and debate. At the center of the debate and controversy are some 640 nationals from countries other than the United States (Fogarty, Gerard, P., 2005, p. 54). These individuals have been detained by the United States as threats the United States, alleged to have conspired or acted independently or with others to bring about harm to the citizens and government of the United States (Fogarty, p. 54). The controversy, however, extends beyond the detention of the individuals, although the detention is in and of itself a primary issue;…. [read more]


Guantanamo Bay Thesis

… Guantanamo Bay is located at the southern eastern end of Cuba; to be precise it is a bay which lies in the Guantanamo province of Cuba. This Bay is the largest harbor in Cuba on the south side of the island. In the year 1903, a treaty by the name Cuban-American treaty was signed under which the Americans took control of this Bay, in other words the U.S. took over the lease of the place. There are differences at this moment; the Cuban government considers the U.S. To have illegally occupied the land. This paper will throw light upon the Guantanamo Bay, a comprehensive analysis of the current situation will be provided.

detention camp at Guantanamo Bay has come under intense scrutiny since it began…. [read more]


Guantanamo: A Complicated Issue Essay

… In addition to being a controversial topic in America, Guantanamo Bay and the practices used there have significantly damaged the U.S. reputation among other countries, both friendly and hostile. This is particularly dangerous in enemy countries, where detainees who are released return with tales of mistreatment and incite anger among those who are already distrustful of the U.S. Among our own allies, it undermines our standing as a protector of civil liberties. As Irene Khan (2005), the Secretary General of Amnesty International, points out, "by lowering the human rights standard, the U.S. has weakened its own moral authority to speak out on human rights."

Despite these moral, legal, and political reasons for closing Guantanamo, President Obama has been unable to. One problem is that there…. [read more]


Access to Courts for Guantanamo Detainees Term Paper

… ¶ … Access to Courts for Guantanamo Detainees

A peacetime government owes to its predecessor wartime government the time and trouble to study and evaluate the costs spent to bring peace to its tenure. War destroys not only lives and things, but also the ideals of a people, and peace is only supported by strong ideals to bind a people together. The study of war in peace is a fulfillment of the promise that wartime governments promise.

Having triumphed in World War II, the Allieis of the United earned the rein of the new world government. The instinct to "never again" see war gave birth toi a society that wanted peace above all. In 1946, the United Nations was formed from the leading world governments.…. [read more]


Foreign Policy of the United States Term Paper

… ¶ … United States

Digressions with Current American Foreign Policy

Our Nation's cause has always been larger than our Nation's defense. We fight, as we always fight, for a just peace -- a peace that favors liberty. We will defend the peace against the threats from terrorists and tyrants. We will preserve the peace by building good relations among the great powers. And we will extend the peace by encouraging free and open societies on every continent," (National Security Council, 2008) the words of President Bush's speech on foreign policy spoken in 2002 reflect the ultimately what our current foreign policy is aiming for. However, it is much debated on how successful those policies are actually proving themselves to be. In the actual implementation of…. [read more]


Unlawful Detention at Guantanamo Term Paper

… "The national security measures adopted since September 11 ... compromise important freedoms in ways that previous presidents never attempted," (Schulhofer 10). Moreover, Schulhofer notes that "important changes in the law have been adopted by the Department of Justice unilaterally, without public input or congressional approval," (10). These sanctions even counteract the recommendations set forth in the 9/11 Commission Report, which advocates an "enhanced system of checks and balances," (394). If the Department of Justice is acting "unilaterally, without public input or congressional approval," then it is not acknowledging the system of checks and balances that should be in place.

The 9/11 Commission Report advocates a balanced approach: "we must find ways of reconciling security with liberty," (395). However, the Bush administration has repeatedly demonstrated an…. [read more]


Habeas Corpus War on Terror Essay

… ¶ … habeas corpus and the War on Terror: Review of Judiciary, Executive, and Academic Perspectives

Writ of habeas corpus in the U.S. Constitution

The United States Constitution (or U.S. Constitution) includes the writ of habeas corpus, part of the law that states that, "[t]he privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it" (U.S. Constitution, Article 1, Section 9, Clause 2). This provision enables persons detained by the government to be entitled to their own judicial hearing if they believe that their detention has been unlawful or illegal.

Historically, American civil society had witnessed events that called for the suspension of the writ of habeas corpus. There was…. [read more]


Human Rights Violations at Guantanamo Term Paper

… The prisoners were chained to the floor of the aircraft for the entire duration of the 22-hour flight, with no access to a toilet. According to the testimony of former prisoner Shafiq Rasul to Amnesty International, "during the plane journey the shackles had been on so tight that they really cut into me. I still have scarring on my left arm from them and I lost the feeling in my right hand for a long time because they were on so tight." ("Guantanamo: Detainees Account," 2004, pp 4-5) The mistreatment and torture of the prisoners has continued unabated since their transfer. The detainees have been forced into inhuman living conditions such as the tiny wire-mesh cages at Camp X-Ray and the maximum security blocks in…. [read more]


Bay of Pigs Invasion Term Paper

… America and the Bay of Pigs Invasion

By the time the United States found itself in a place where it had to make excuses and apologies for the failed attempt at the Bay of Pigs to install a Cuban exile provisional government; the basis for invasion had long before that point been discussed, planned, a plan abandoned, and another plan formulated that in April, 1961, resulted in what President Kennedy himself referred to as a "tragic mistake (Higgins 1987)." The failed attempt at landing some 1500 Cuban exiles on the shores of Cuba at Bay of Pigs would, over the next several decades, be debated, argued and by now, revealed for it was; a combination of a U.S. President's belief that a flex of muscle…. [read more]


US Patriot Act Term Paper

… U.S. Patriot Act

How the U.S. Patriot Act facilitates foreign intelligence operations

Patriot Act has been helping the FBI with efforts of sharing information. The Act has made significant contributions through its information sharing provisions. The provision of information sharing has formalized the directorate of FBI intelligence. According to the consolidate appropriations of this Act, the FBI has been given the mandate to implement a new intelligence directorate. The necessity for capabilities of intelligence has cut across various programs of the FBI. This has done away with stove piping of information while enabling the FBI to adapt quickly to the changing threats. Experts have projected that this will work on improving the capability of FBI to share intelligence. This is not only between the intelligence…. [read more]


Advantages and Disadvantages of United Nations Term Paper

… ¶ … United Nations

When the United Nations was established in 1945, at the conclusion of World War II, its 50 member nations had a lofty goal: the prevention of another war like World War II. Since its foundation, the goals of the United Nations have increased tremendously; instead of simply hoping to reduce wars and violence, the United Nations now seeks to reduce hunger, increase development, and improve human rights in its member nations. While these goals are certainly laudable, it is yet to be determined whether or not they are achievable. In fact, while there has been no major world war since the foundation of the United Nations, the world seems to have seen an increase in other types of violence, like terrorism.…. [read more]


Road to Guantanamo the Docudrama Essay

… The fourth Geneva Convention gave explicit terms for national war crimes and their accompanying punishments. Willfully killing or torturing or even willfully depriving someone of a fair trial amounts to a hostage who is been taken with cruel prisoner treatments. It seems this is a very obvious and explicit violation of the Geneva Convention as the United States and its allies remove everyday people from their everyday circumstances and ship them away to an unknown land to await torturous behavior and cruel company.

It must be fair to ask if these violations by the United States are indeed valid. The United States government is a combination of two different and distinct personalities one that offers great comfort and aid in times of need, and one…. [read more]


Habeas Corpus and the War on Terror Research Paper

… S. military, although it provided a convenient figleaf for Chief Justice Roberts to sanction the government's actions by referring to Guantanamo itself as a "jurisdictionally quirky outpost" (Roberts 2008), thus applying an adjective to a gulag that is more frequently associated with Zooey Deschanel. Moreover, the extension of suspended habeas corpus rights into the targeted killings of U.S. citizens while abroad and suspected of terrorism -- like the drone strikes ordered against Anwar Al-Awlaki and his son -- look like a slow creep into a horrifying unconstitutional lawlessness. As David Cole (Georgetown University professor of Constitutional law) noted in a published comment on the Al-Awlaki killing:

The late senator Daniel Patrick Moynihan once said that if he had to choose between a country with the…. [read more]


Habeas Corpus and the War Research Paper

… Habeas Corpus and the War on Terror

The opinion expressed in this paper is that the George W. Bush Administration exceeded its authority by incarcerating "enemy combatants" at Guantanamo without offering them the right to be specifically charged with a crime. The idea that the Executive Branch can decide when habeas corpus applies and when it doesn't is an anathema to Constitutional guarantees.

History of the Habeas Corpus

University of Virginia history professor Paul Halliday writes that the writ of habeas corpus has served the Anglophone legal cultures for "…more than four centuries," and its purpose is basically to assure that a prisoner will be brought before a judge and not simply thrown into incarceration without specific charges against him (Halliday, 2010, p. 1).

Halliday…. [read more]


United States and Fidel Castro Term Paper

… Anti-communism had become quite a crucial factor in the success of every administration during the Cold War. J.F. Kennedy was no different in his patriotic hatred for the communist threat. It was at this point, 1961, that Cuba became a major player in the Cold War. Castro derived much of his power from his image as a revolutionary. Kennedy opted to perceive him as a low-bound communist lackey.

To abide the anti-communist sentiment, and to compensate for his personal apprehension over an incursion of socialism in his hemisphere, Kennedy determined himself for an attack meant to topple Castro. After a long period of planning and denying, the Kennedy administration scrapped almost a year of strategizing in favor of a makeshift nighttime landing in Bay of…. [read more]


US War on Terrorism Term Paper

… U.S. war on terrorism

The present paper focuses on the motives for the change in attitude of the international community after the U.S.-led invasion in Iraq.

The central point of the paper is the assumption that, after the war in Afghanistan, the U.S. motivated its military actions in Iraq by the existing breach of human rights conventions. Although there was a general belief that the people of Iraq were living under severe state oppression, there are arguments that the salvation of the Iraqi people was used as a mere pretext for the U.S.'s secret motives. The violent air attacks over Baghdad and the loss of civilian lives, the Abu Ghraib scandal and the results of the Commission for WMD revealing the lack of information regarding…. [read more]


Terrorism Final Examination Questions Essay

… Question 3

Why do some terrorist groups use suicide bombing as a strategy? Please include at least three reasons in your answer.

Terrorist groups use suicide bombing as a strategy is because suicide bombs are dramatic public displays of violence often taking place in sensitive areas. Consider suicide bombings in Israel, Palestine, and other areas in what is referred to in the west as the Middle East. The bombings are on public transportation and even school buses. The bombings take place in marketplaces or in other areas where there are high concentrations of civilians as well as military personnel. The targets of suicide bombings are mainly average civilians because their deaths instill the most tragedy and provide the maximum dramatic impact. Shafiq and Sinno state:…. [read more]


International Relations Political Science Term Paper

… International Relations -Political Science

The issue of the international law, of the human rights, and of international justice is one of the most debated areas of discussion in the world right now. This is largely due to the fact that the 9/11 terrorist attacks raised a different set of questions related to the issue of human rights as opposed to the right of self-defense. The facilities from Guantanamo Bay in Cuba are relevant for pointing out the fact that there is a need for a coordination of factors that would enable the U.S. Administration to better deal with the issue of terrorism. At the same time however, human right are the doctrine of the new century; in this sense, the prison in Guantanamo poses serious…. [read more]


Criminology Counterrorism Not Long After September L1 Essay

… Criminology

Counterrorism

Not long after September l1, 2001, the Bush administration began to develop plans for a prison at the Guantanamo Bay Naval Station, in Cuba. Though formed physically like maximum-security prisons in the United States, this facility with a maximum capacity of 1,100 inmates would not hold convicted criminals. Actually, most of the inmates at this prison would never be charged with a crime, let alone convicted. The prison would house the people detained in apparent connection with the war on terrorism, most of who would never be brought before a court of any kind and would never be given an opportunity to secure their release by proving their innocence. Referred to as enemy combatants by the president, they would be held without legal…. [read more]


Geneva Conventions Enacted Essay

… Though the affirmation was done as part of a resolution intending to set up an international tribunal capable of trying individuals for genocide and other crimes against humanity in former Yugoslavia, this affirmation has ramifications far beyond the purpose for which it was immediately done. Of course, this is not to discount the immediate importance of the International Criminal Tribunal for the Former Yugoslavia, which "continues to judge and to punish those found guilty of crimes, including mass rape and systematic sexual violence, […] violations of the laws and customs of war, and, most seriously, genocide and crimes against humanity" (Lauren, 2011, p. 270). In fact, the International Criminal Tribunal for the Former Yugoslavia represents one of the most dramatic successes of the Geneva Conventions…. [read more]


Criminal Justice: Corrections Essay

… Criminal Justice: Corrections

The objective of this work is to briefly explain the background of the military commission controversy including relevant supreme court cases and to determine whether the U.S. government should get rid of military commissions, close Guantanamo Bay and place 'the enemy combatants on U.S. soil with full regular criminal trials' and then to explain this position.

The Facts

The New York Times states in its May 9, 2009 article entitled: "Military Commissions" that the military commissions "…rose to new prominence after the September 11th attacks due to President George W. Bush's decision that terrorism suspects would be considered enemy combatants who would be tried by military tribunals rather than in civilian courts." The system of tribunals was created by the Bush administration…. [read more]


Balance Between Emergency Powers Essay

… Many have argued in favor of the sanctions imposed on the citizens and suspects alike and their adverse effect on human rights. Furthermore, some have pointed at the abuse of law by the government in light of the situation at the Guantanamo Bay based upon the Nationality Act and the Immigration and Nationality Act as well as the U.S.A. Patriot Act. With this the nation is more likely to take drastic measures as a defense mechanism against security threats. It should therefore be the responsibility of the state to ensure that the application of these measures is restricted in a way that gives value to human rights issues.

Works Cited

A and others v Secretary of State for the Home Department [2004] UKHL 56 .…. [read more]


Amnesty International and Human Rights Essay

… S. authorities, the killing of Osama bin Laden would appear to have been unlawful. (Amnesty International, Annual Report, 2012)

Now, this is ridiculous since bin Laden was a man who was wanted on account of numerous global terrorist attacks. The man would have continued to perpetrate dozens more had he not been caught no matter how. Each time, the terrorist had slipped out of their grasp or had killed others who were attempting to capture him. And AI quibbles over the capture of the man!

Many of the reports have also been exaggerated. Take this one, for instance on Guantanamo Bay. In the foreword to AI's Report 2000, the Secretary General, Irene Khan, referred to the Guantanamo Bay prison as: "the gulag of our times,…. [read more]


Ethics Criminal Justice Research Paper

… There are some organizational policy ethics impacting the criminal justice system, which are more generalized due to their being universal among all government agencies. For example, gender discrimination, sexual harassment, and equitable pay are all issues that play a role in criminal justice administration. Corruption in law enforcement and in the judiciary, as well as in correctional institutions, is also a managerial issue. Regulations can be in place to prevent ethical infractions, but ultimately criminal justice leaders need to be committed to preventing ethical infractions from taking place and using disciplinary procedures when they do happen. Unfortunately, criminal justice officials often do have conflicting duties, roles, and ethical frameworks to work with and within (Banks, 2012).

Ethics is one of the most fundamental aspects of…. [read more]


Ethics, Torture and Psychological Issues Term Paper

… Ethics, Torture and Psychological Issues

(BOTH

Who is the chairman of the APA Ethics Committee and under what circumstances should a professional consultation be sought?

The American Psychological Association Ethics committee has the power to receive, initiate and investigate reports of unethical conduct to members of the profession; to recommend or dismiss action on such incidents; to formulate rules and principles of ethics as they surround the profession; and to interpret, apply and administer any rules regarding ethical behavior and professional psychology. The current Chair of the committee is Dr. Nadya Fouad of the University of Wisconsin at Milwaukee, and there are seven other standing members of the committee (American Psychological Association, 2012, par. 3).

The Ethics Code applies only to psychologists 'activities that are…. [read more]


Extraordinary Rendition Refers to the Practice Research Paper

… Extraordinary Rendition refers to the practice of transferring terror suspects from one country to another by means that bypass all judicial due process. After their secret transfer to selected countries, which do not care much for human rights or the due process, the suspects are subjected to brutal interrogation methods to gather information. Most such 'renditions' are initiated by the United States, although they are tacitly approved by several U.S. allies, and the objective is to gather intelligence about international terrorist networks by whatever means necessary without judicial oversight. Although the rendition policy for forcible transportation of terror suspects to other countries was started by the Clinton administration during the 1990s, it has considerably expanded in scope under the Bush administration especially after the 9/11…. [read more]


Alternative Interrogation Method With the Strikes Essay

… ¶ … Alternative Interrogation Method

With the strikes on America on September 11th, America changed. No longer were the borders of one of the strongest countries in the world effective barriers against terrorism. Foreign terror had breached these invisible lines and struck at the very heart of the nation. With this breach came an all out war on terror. And, as in any war, interrogation becomes a primary means of information gathering. Because of this, the use of alternative interrogation techniques has risen to the forefront of the American debate.

Interrogation is a methodology employed during the interview of a person, referred to as a "source," to obtain information that the source would not otherwise willingly disclose" ("Interrogation").

In contrast, alternative interrogation techniques go one…. [read more]


Imperialism Research Paper

… Extraterritoriality extends to foreign states or international organizations as entities and to their heads, legations, troops in passage, war vessels, mission premises, and other assets. It exempts them, while within the territory of a foreign sovereign, from local judicial process, police interference, and other measures of constraint ("Extraterritoriality")."

Was the United States involvement beneficial or harmful or both to the local people

New Imperialism-first adopted by European powers- has forever altered the relationship been the United States and Latin American nations. The actions of the United States were harmful to the local people. In many instances various Latin American nations have been forced to spend a great deal of money defending themselves from Americas Imperialism. As a result many Latin American countries suffer with high…. [read more]


Powers and Rights Assessment

… S. federal court system and wage litigation warfare? What is the background and current status of this issue?

The chances of this depend on whether or not a successful act of terror actually occurred. If one did occur, the U.S. court system basically requires that the person or persons would get the chance to face their accusers, which means a case in the U.S. federal court system would involve courts in the general local where the terror occurred. So far this has not been allowed because the public responds dramatically to the idea of extending rights in this manner. Accordingly, the chances are that our people would have to use the military tribunals.

4) What is a military tribunal? Has the United States used military…. [read more]

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