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Essay on the geneva convention in the 21st century
Persian Gulf War 1
Persian Gulf War 1
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The Guantanamo Bay detention camp was created with unilateral, realist ideals. The American government attempted to assert order through the usage of military power and force by detaining individuals without proper due process and tried them in military tribunals instead. The inherent fear caused by the threat of terrorists resulted in the U.S. hastily applying aggressive methods to prove that they were still a strong country that was to be feared . Therefore, they acted in the heat of revenge and carried out torture tactics to interrogate those who were merely suspected of being a terrorist. A specific way that the U.S. displayed realistic ideals was their departure from the international human rights agreement, the Geneva Conventions. …show more content…
Rumsfeld. The Supreme Court ruled in favor of Salim Ahmed Hamdan, a former driver for Osama bin Laden, granting a prisoner of war a separate hearing to determine whether or not they were a prisoner of war prior to being tried in a military court as an unlawful enemy combatant. However, Congress followed this decision by legalizing military commission as fair trials when it came time to trying the Gitmo detainees. While Hamdan vs. Rumsfeld provided few other protections such as barring any testimony that appeared to have been taken through coercive tactics, prisoners were still forbidden to challenge their imprisonment and the right to request a re-evaluation of the evidence brought against them. These policies displayed an obvious self-interested, power seeking system that is a core principle of the realist theory. They undermined international order and created disorder due to the overarching sense of fear from the 9/11 …show more content…
They also call for Congress to take all the necessary steps to appoint an independent bipartisan commission modeled on the 9/11 commission to investigate thoroughly all the incidents of torture and abuses at the Guantanamo detention camp. The investigations that have been conducted have been mainly executed the Department of Defense itself, failing to hold anyone accountable to being responsible for authorizing torture. This commission should also carry the responsibility of producing new policies that prevent any abuses and violations in the
You may think that the Constitution is your security - it is nothing but a piece of paper. You may think that the statutes are your security - they are nothing but words in a book. You may think that elaborate mechanism of government is your security - it is nothing at all, unless you have sound and uncorrupted public opinion to give life to your Constitution, to give vitality to your statutes, to make efficient your government machinery. (Brown)
Applebaum believes that torture should not be used as a means of gaining information from suspects. Applebaum's opinion is supported through details that the practice has not been proven optimally successful. After debating the topic, I have deliberated on agreeing with Applebaum's stance towards the torture policy. I personally agree with the thought to discontinue the practice of torture as a means of acquiring intel. I find it unacceptable that under the Bush Administration, the President decided prisoners to be considered exceptions to the Geneva Convention. As far as moral and ethical consideration, I do not believe that it is anyone's right to harm anyone else, especially if the tactic is not proven successful. After concluding an interview with Academic, Darius Rejali, Applebaum inserted that he had “recently trolled through French archives, found no clear examples of how torture helped the French in Algeria -- and they lost that war anyway.” There are alternative...
Should prisons in the United States be for profit? How do for profit prisons benefit the United States? Would inmates rather be in private or public correctional centers? What kind of affects does this have on taxpayers? What are the pros and cons of profit prisons? These are many of the questions that are brought up when discussing for profit prison systems. There are different perspectives that can be taken when it comes to talking about for profit prisons. This paper will discuss some of the ways that the United States has started to become for profit and why it has happened. Finally, this paper will give an opinion of whether or not for profit prisons should be dominant over public facilities.
Mandatory minimums for controlled substances were first implemented in the 1980s as a countermeasure for the hysteria that surrounded drugs in the era (“A Brief History,” 2014). The common belief was that stiff penalties discouraged people from using drugs and enhanced public safety (“A Brief History,” 2014). That theory, however, was proven false and rather than less illegal drug activity, there are simply more people incarcerated. Studies show that over half of federal prisoners currently incarcerated are there on drug charges, a 116 percent percentage rise since 1970 (Miles, 2014). Mass incarceration is an ever growing issue in the United States and is the result of policies that support the large scale use of imprisonment on
Ms. Vanklausen relies on primary and secondary sources with strong credentials in the realm of the constitution, law, public policy, and Americans’ right to freedom (Cato Inst., n.d.; Wikipedia, 2010) to support her argument. The authors have been published in a variety of respected periodicals as well as writing books on these topics. Her sources cite the expert opinions of Supreme Court Justices Sandra Day O’Connor and Antonin Scalia (“Can U.S. Citizens Be Held as Enemy Combatants”, Reinking & von der Osten, 2007, pp. 228, 231-233), who are entrusted with the ultimate responsibility to interpret our nation’s constitution and apply this standard to arguments brought before the Court when the rule of law is in question. Ms. Vanklausen also employs excerpts from the Bill of Rights to clarify the protections these individuals are not permitted in this situation. She provides a quotation by Thomas Jefferson, and notes decisions by the U.S. Supreme Court, the Second Circuit Court, and Federal Court Judge Mukasey. She also refers to established truths upon which Americans depend as signs of their freedom, such as “The foundation of liberty has always rested on the resistance to the idea of arbitrary imprisonment by an executive. (Reinking & von der Osten, 2007)
Whether or not Supermax prisons, short for super-maximum security prisons, are more crucial and longer lasting, the question has been if these prisons are useful in applying lessons learned into criminals. Supermax prisons hold some of the most dangerous criminals convicted. Supermax prisons have been known to have their pros and cons. The common pros of supermax prisons was the separation of gangs as well as many other prisoners who act out in violence commonly. Although many may say that these kind of prisons are considered “concentration” and “dispersion”, supermax prisons are often needed to maintain relief of the criminals not acting out. The effectiveness of supermax prisons is what many debate on, which have made many different arguments
Juvenile solitary confinement is a way to punish poor behavior in the United States juvenile prison system. However after long term negative side effects that isolation can cause in teens, the General public has been in support of isolation alternatives. In this paper I will be discussing the state by state solitary confinement rules and regulations, how rehabilitation and therapeutic services can be a healthy option as an alternative to confinement and how our nation’s youth don’t always have to feel that segregation is the only form of discipline.
Guantanamo Bay has been in control by America since the Spanish American war.Guantanamo bay was used as a coaling station for american navy ships.According to” A Brief History of Gitmo” by Alyssa Fetini. . “The 45-square-mile site was originally used as a coaling station for U.S. Navy ships, under a lease drawn up in 1903”. This is very important because this shows how Guantanamo bay was used as something positive and beneficial to America.Guantanamo bay was then a “haven” for Haitian refugees. According to the same article ” A Brief History of Gitmo” by Alyssa Fetini.in the early 1990s “when it became a vital haven for Haitian refugees fleeing the violent coup that ravaged their country.”This is also another example on how Guantanamo bay was used in a positive and helpful way.Guantanamo bay has been through many changes and uses and has a lot of history behind it.
In recent years, there has been controversy over mass incarceration rates within the United States. In the past, the imprisonment of criminals was seen as the most efficient way to protect citizens. However, as time has gone on, crime rates have continued to increase exponentially. Because of this, many people have begun to propose alternatives that will effectively prevent criminals from merely repeating their illegal actions. Some contend that diversion programs, such as rehabilitation treatment for drug offenders, is a more practical solution than placing mentally unstable individuals into prison. By helping unsteady criminals regain their health, society would see an exceptional reduction in the amount of crimes committed. Although some
Even in this modern day, your rights are not always secured. During wartime, the government can suspend Habeas Corpus, which prevents unfair arrests and punishments. Suspending Habeas Corpus is taking your rights to a fair trial, and throwing them in the trash. As you are probably assuming, the suspension of habeas corpus has been a controversial topic. You must also be asking yourself, “why take away the people's’ rights, wasn’t the United States built on the rights of citizens?”. Some people see that suspending Habeas Corpus could be useful during a war because it allows someone to quickly be prosecuted, with only the need for probable cause, while other people see it as an unnecessary check on American citizens’ rights.
On September 11, 2001, this country was under attack and thousands of Americans died at the hands of terrorists. This action caused the U.S. Military to invade Iraq because of the idea that this country was involved in harboring terrorist and were believed to have weapons of mass destruction. This was an executive order that came down from our government, for us to go in and attack Iraq while searching for those who were responsible for the death of American lives. This war brought in many prisoners whom were part of the terrorist group Al-Qaeda, whom the military took into custody many of its lower level members to get tips in capturing higher level members. During the detainees stay at Guantanamo Bay and Abu Ghraib, many of these prisoners
A Writ of Habeas Corpus is an authoritative order forcing governments to provide the “body” of the detainee in which the legality of their detention and individual liberties will be challenged. Historically associated with civil liberty violation and the injustice of illegally detaining potentially enemies of the state, jurisdictional issues regarding their detaining location have made justice difficult to administer and deliver. Detaining enemies for their participation, involvement, and/or ties to threats of terror towards the United States will result the confinement of combatants, as solidified by the US Constitution, however, to what extent will they be forced to stay?. Residents of Guantanamo Bay are just; enemies of the state, accused individual that have been arrested and detain with minimal civil human rights to our jurisdictional due process that we American’s hold dear; with only a Writ of Habeas Corpus as their life line to legality and freedom. Although controversial in its conception and implementation by US presidential administration, judiciary members have cordially interpreted cases of questionable detention and the legality of doing so. It is truly unfortunate when individuals are tossed into confinement illegally with no help and/or the promise of their restorative freedoms (ACLU, 2014).
On November 9th -10th of this year, officials from the Pentagon traveled to Colorado to see if there were any sites that could potentially be used for the prisoners of Guantanamo Bay to be moved there. It of course would have to be voted on by the US senate. Senator Cory Gardner from Colorado said “I remain opposed to any plan to bring Guantanamo terrorists to Colorado, In my opinion we should not even consider the possibility of moving “Gitmo”. () If it happens then we have the very real possibilities of breakouts, attacks, and the prisoners obtaining electronic devices like some American prisoners. In this day and age anything is possible so if the terrorists hack the grid and
Around the world and around the clock, human rights violations seem to never cease. In particular, torture violations are still rampant all over the world. One regime, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, establishes a strong elaboration of norms against torture. Despite its efforts, many countries still outright reject its policies against torture while other countries openly accept them, but surreptitiously still violate them. The US, Israel, and Saudi Arabia have all failed to end torture despite accepting the provisions of the Convention.
All nurses work under a code of ethics. Ethics describe what nurses “should or “ought to do” when encountering opposing problems. Nurses also have to follow many laws that effect nursing practices. Guantanamo bay is a United States Naval base that hold terror suspects since January 2002. Force feeding of these detainees has been a major issue at Guantanamo Bay for ethical and legal reasons.