The United States’ actions at Guantánamo Bay violate its obligations under the Third Geneva Convention , the International Covenant for Civil and Political Rights (ICCPR), the Convention Against Torture
Who does the Geneva Convention not apply to?
This article states that the Geneva Conventions apply to all cases of international conflict , where at least one of the warring nations have ratified the Conventions. ... The Conventions apply to all cases of armed conflict between two or more signatory nations.
Does the Geneva Convention apply to Guantanamo Bay?
Although all of the Guantanamo Bay detainees are enti- tled to humane treatment under the broad provisions of the Geneva Conventions and the more specific provisions of international human rights treaties, those entitled to POW sta- tus are guaranteed further protections .
Does the Constitution apply to Guantanamo Bay?
On June 12, 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Guantanamo detainees were entitled to the protection of the United States Constitution . ... The laws and Constitution are designed to survive, and remain in force, in extraordinary times.
Are Gitmo detainees POWs?
On that very day the US Secretary of Defence announced that detainees in Guantanamo would be held as ‘unlawful combatants
What is banned in the Geneva Convention?
It prohibits the use of “asphyxiating, poisonous or other gases, and of all analogous liquids, materials or devices” and “bacteriological methods of warfare “. This is now understood to be a general prohibition on chemical weapons and biological weapons, but has nothing to say about production, storage or transfer.
What are the 5 laws of war?
The law of war rests on five fundamental principles that are inherent to all targeting decisions: military necessity, unnecessary suffering, proportionality, distinction (discrimination), and honor (chivalry) .
Is Guantanamo Bay under US law?
The United States assumed territorial control over the southern portion of Guantánamo Bay under the 1903 Lease agreement. ... It is the home of the Guantanamo Bay Naval Base and the Guantanamo Bay detention camp located within the base, which are both governed by the United States.
Is Guantanamo Bay still working?
In January 2018, US President Donald Trump signed an executive order to keep the detention camp
What amendments do the activities at Guantanamo Bay violate?
In Boumediene, the Court did not rule on whether Gitmo detainees have any Fifth Amendment rights . But in Hamdi, the Court held that the Fifth Amendment’s due process guarantees gave Hamdi, an American citizen, the right to contest his designation as an enemy combatant before a neutral decision maker.
What weapons are illegal in war?
- Poisonous Gases. There are five types of chemical agent banned for use in warfare. ...
- Non-Detectable Fragments. ...
- Land Mines. ...
- Incendiary Weapons. ...
- Blinding Laser Weapons. ...
- “Expanding” Ordnance. ...
- Poisoned Bullets. ...
- Cluster Bombs.
Is Gas illegal in war?
Geneva Gas Protocol, in full Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, in international law, treaty signed in 1925 by most of the world’s countries banning the use of chemical and biological weapons in warfare .
Are lasers allowed in war?
Convention on Certain Conventional Weapons (CCW Convention). ... It is prohibited to employ laser weapons specifically designed , as their sole combat function or as one of their combat functions, to cause permanent blindness to unenhanced vision, that is to the naked eye or to the eye with corrective eyesight devices.
Can you shoot a medic in war?
In Real Life war, medics are supposed to be special: The Laws and Customs of War, specifically the Geneva Convention, dictate that medical personnel are non-combatants and shooting one is a serious war crime.
What is the first rule of war?
Naturally someone had to ask the obvious, and the first rule of war turned out to be laconic, terse , and to judge by modern history, irrefutable: “Don’t march on Moscow!” Napoleon came to grief in this respect in 1812 when, as his own Marshal Ney put it: “General Famine and General Winter, rather than the Russian ...
Are flamethrowers legal in war?
Long gone are the days when war was governed by an “anything goes” system. As weaponry has become more advanced, so have the rules of warfare. ... Though flamethrowers aren’t entirely banned , you can’t use them to fry your enemies, according to Protocol III of the Convention on Certain Conventional Weapons.
