Guantanamo Bay Legality

I urge the reader to take in consideration these merits of war. Sounds quite like an oxymoron to have merits of war, but the world is still in the state of infancy and still hasn’t developed the heart or the mind to play fair. If we recall, during the American Revolution there were “Rules of War”, and within that were systems of combat like the maginot line. Any sort of guerrilla warfare was considered “not gentleman-like”. These are so called rules of the past. The Geneva Conventions set a precedent and have worldwide jurisdiction. If we are agreeing to these terms of war, we need to abide by them. In our stubbornness to make ourselves the exception to the third Geneva Conventions we have made a mockery of both our justice system and the United Nations jurisdiction while under mass criticism of the entire world.

To begin, let’s have a quick summary of the third Geneva Conventions regarding to prisoners of war:

• Treated humanely with respect for their persons and their honor

• Enabled to inform their next of kin and the Central Prisoners War Agency (ICRC, the International Red Cross) of their capture

• Compelled to do military work, nor work which is dangerous, unhealthy or degrading

• Allowed to keep their clothes, feeding utensils and personal effects

The legality has some points behind it that are both appalling and disturbing. The United States still has not made a strong legal argument defending its actions. In the Constitution Habeas Corpus is written in gold, and yet it is being violated. They are being the denied to seek counsel. Our whole system to protecting the rights of a prisoner is being robbed. What happened to guilty until proven innocent? Even despite to the media hype, the prisoners of war are already labeled as “terrorists”. Automatically the bias is in place and they have to prove their innocence in contrary to proving “Reasonable Doubt”. The only excuse is that this is a “time of war”. This is a sort of Martial Law as if our Nation is in the midst of an international crisis. This is violation of our Constitutional rights and its happening right before our very eyes. Well, the Geneva Conventions say they are freed after the hostilities cease. Maybe they will just wait until Bush’s “war against terrorism” is finally over. Either way this is a mockery of our justice system.

• Provided with quarters not inferior to those of their captor’s troops

The Constitution is our foundation to our very way of life, “what preserves the American Dream”, but it seems it is one of the most feared documents in Washington right now. According to the Constitution we have the right to an attorney, right to a trial, etc.. Have OUR primary freedoms been deprived from us? Such an example as the Guantanamo Bay crisis sets a precedent for many other things to come our way. Society is knocking on Washington’s door pleading for a response that’s better than, it’s a “time of war”. Justice is demanded and in this case, the United States are being attacked by their very own Constitution. Their own constitution and its merits are being ignored.

Some topics in this essay:
Geneva Conventions, Red Cross, World Opinion, Guantanamo Bay, Convention Constitution, Foreign Affairs, Habeas Corpus, Geneva Convention, George Bush, System Introduction, geneva conventions, justice system, prisoners war, “time war”, guantanamo bay, “war terrorism”, geneva convention, 3rd geneva convention, holding “terrorists”, hostilities cease, world opinion, holding “terrorists” prisoner, prisoners war •, mockery justice system, third geneva conventions,