Guantanamo Bay and International Black Sites: The Legal Human Rights Violation Sites
Introduction
The land of the free and the brave, a nation that blacks out documents to the point of being incomprehensible in a court of law, the land in which a prisoner can be held without official charges for an indefinite amount of time The leading country in advocating for Human Rights throughout the ages becomes a poster child for the mistreatment of detainees through various “enhanced interrogation methods” established by the CIA to bring out information from detainees. The violations within these discovered sites were not the first impulsive solution the United States, in the historical context the United States did it once before. The Japanese camps in World War II were anyone of Japanese descent would be isolated to an area away for national security reasons. Through first-hand testimony accounts and legal CIA documents, it will be discussed the violation of both international humanitarian rights and human rights law in the treatment of detainees in Guantanamo Bay and other international black sites under the pretense of collecting information about potential terrorist attacks which resulted in physical and mental abuse of said detainees.
Birth of Guantanamo Bay and International Black Sites
Before further unraveling of the International humanitarian and human rights law violations, that occurred in both Guantanamo Bay and other international black sites, there is a need to unfold the history of these black sites. The Us has a long line of taking quick action in times of panic or war, for the majority the rational is in an ethical and intelligent matter, but the US government has presented otherwise during times of conflict or thereafter. The United States became a back-door policy country, the giant that could cross yellow tape without ramification of its actions.
The “war on terror” began the day of September 1, 2001, after the terrorist attacks on the World Trade Center towers located in New York City, New York. The Bush Administration readily took action to combat the potential of another terroristic attack at the magnitude of the World Trade Center attacks. This administration concluded that the best possible effect method to combat terrorism is to get to the root of an attack against the United States. Black sites were established to ensure certain legalities that would exempt them. Guantanamo Bay, Cuba was established as the detention center for high threat level detainees. The first detainees to be transferred to Guantanamo Bay was on January 11, 2002, those detainees were then classified as combatants. Along with the infamous Guantanamo Bay other international black sites were established to ensure information can be collected from various parts of the world. These other sites were located across the map including Thailand, where many heinous international humanitarian laws and human rights laws were violated by the United States government.
Breaking the Law
The creation of international black sites was to allow for “enhanced” interrogation techniques, including methods such as isolation, sexual assault, probing into the phobias of the detainees. The are human rights violations under the ICCPR, where the United States is a signing state expected to be held at the same standards as other signing States. The methodology used is a direct violation, these violations include illegal and indefinite detention, torture, inhumane conditions, unfair trial, etc. The United States argued that these individuals do not fall under the prisoner type exempting them from falling under the protection of the laws.
Testimonies have given a glimpse at the trauma caused by the interrogation methods used within these black sites created by the United States. A significant testimony had been published, this document included newly released information from the death of Gul Rahman, a man that was a known individual who consistently interacted and supported Al Qa’ ida because of his status as a Hezbi Islami official. Rahman died within the international black site in Thailand, there he was found dead during when an officer noticed Rahman immobilize, at the time Rahman was shackled to the cell wall by both his hands and feet. The conditions in which Rahman was left without physical movement what so ever is a direct example of the violations the United States has done according to it the signatory status of the United States with international humanitarian law but as well as human rights law.
Was it Worth it?
According to the CIA interrogation records, the “enhanced” interrogation techniques, used by the United States government to collect useful information from detainees, were unsuccessful in concretely finding valid information. The records show various detainees within the black site of Guantanamo Bay did not result to produce any viable intelligence that would in any shape or form aid the United States. In some cases, the records show that the methods used to collect information cause detainees to fabricate or makeup information in the hopes of the torture to come to an end.
Due to the lack of viable results of intelligence for any use in fighting possible terrorist attacks, the United States was criticized for lying on the ground on which they built their empire form. The published information shows how the mental abuse that causes long-term trauma and pain violating human rights law caused the United States to backfire in their approach to solve the problem.
History Repeats Itself
Time tends to reflect another, the United States proved to be no exception from this statement. The United States was once known for the over a hundred thousand Japanese descendent were put away in detention camps because of the governmental question of their loyalty throughout World War II. Though such methods that were used within the wall of the black sites used after September 11, 2011, were not the same as those used in the detention camps, it is still worthy to note the similarities between the two. This comparison is used to back up the statement that the United States is capable of violating both humanitarian law and Human rights laws and has very much as some point done so in past incidents.
How the World Reacted
The international black sites where the United States started its new wave of terror with rash decisions was not just a topic of discussion within the borders of the United States and its territories. The quite opposite, when news broke out of the methods being implemented within the cells of Guantanamo Bay and various other locations the opinions and actions began to run wild. Many human rights groups began to voice their concerns and call of actions to stop the mistreatment of the detainees. Many countries called for a shutdown of the sites on the grounds of them being a direct violation with international humanitarian laws but also very important human rights laws. Testimonies began to come out from ex-detainees who by definition a physical representation of the violations the United States did because those said detainees were traumatized without a legal reason.
A very somber mood throughout various states were the standards which the United States is held to compared to other states. The United States is justified or can move away from plausible charges because of its legalities a power.
The United States Stance
In response to the outcry of rage against the United States for its outrageous acts, during the Bush Administration, the stance was that what needed to be done was done within legal borders. As time progressed, as did the administration of the United States, the stance as shifted into a more humanitarian type. The Obama Administration made it a point of Focus to shut down the black sites located throughout the world. The task was not completed but many detainees were transferred out or released.
Conclusion
In summarization, the question which whether the United States was a heinous body in which various international black sites were created to be chambers of international humanitarian and human rights law violations then the simple is yes. The documents in which the United States is signed to the State is obligated to protect rights of an individual regardless of many factors. The United States used a facade of a reason to do such atrocities. The United States faced the World with the pretense of collecting information through a multitude of methods, but the types were not disclosed till later. The United States violated the Treaty against Torture directly by creating lasting trauma and using such methods that are condemned by the treaty and law bodies to which it is a signatory to. The United States has a history to show no otherwise pattern than the one it has always show through its actions.
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Bibliography
Primary-Deputy Director for Operations. Death Investigation – Gul Rahman. CIA Associated Deputy Director for Operations/Counterintelligence, 28 January 2003. 1-36
Primary-Fletcher, Laurel E., and Eric Stover. Guantánamo and Its Aftermath: U.S. Detention and
Interrogation Practices and Their Impact on Former Detainees. Berkeley, CA: Human Rights Center and International Human Rights Law Clinic, University of California, Berkeley, 2009. 1-136
Secondary-Pearlman, Samantha. Human Rights Violations at Guantanamo Bay: How the United States has Avoided Enforcement of International Norms. Seattle, WA: Seattle University Law Review, 2015. 1-30
Secondary-Steyn, Johan. "Guantanamo Bay: The Legal Black Hole." International and Comparative Law Quarterly53, no. 01 (January 2004): 1-15. doi:10.1093/iclq/53.1.1.
Primary- United States. Congress. Senate. Report of the Senate Select Committee on Intelligence Committee Study of the Central Intelligence Agencys Detention and Interrogation Program, Together with Foreword by Chairman Feinstein and Additional and Minority Views. By Dianne Feinstein.
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