Guantanamo Bay

Guantanamo Bay was leased to the US by Cuba on February 23, 1903, as part of the Cuban-American Treaty. Although the US had maintained a military presence at Guantanamo Bay since the Spanish-American War, the perpetual lease has allowed the US military to construct a permanent naval base on the site. The base has been in regular use since the early twentieth century and has been a source of consistent tension between the American and Cuban governments. The facilities at Guantanamo Bay have taken on a special significance in the wake of 9/11. The base houses detention facilities used to incarcerate individuals captured by the US military during execution of the War on Terror. The first of those prisoners arrived at Guantanamo Bay a decade ago on January 11, 2002. Engendering both domestic and international concern, the detention center has been the source of deep controversy since its opening. The legal status of the detainees has been hotly contested — as has the prisoners' lack of access to US legal rights such as habeas corpus, due process and a speedy trial. Allegations of mistreatment and torture by US military officials have been voiced as well. Even the fate of the prisoners remains uncertain as attempts to close the facilities, transfer the detainees abroad, or bring the detainees to trial on US soil have been unsuccessful.... [more]
  TIMELINE

4/4/11: Holder announced 9/11 conspirators to face military trials

1/19/11: Obama administration announced it may resume military commissions

1/7/11: Obama signed law barring transfer of Guantanamo detainees to US for trial

12/22/10: Congress approved defense spending bill preventing US trials for Guantanamo detainees

10/6/10: Former Guantanamo detainee sued US government

4/28/10: Pentagon released military commissions manual

4/7/10: Former Guantanamo detainee sued US government for torture

3/26/10: US defense secretary appointed top military commissions authority

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  ACADEMIC COMMENTARY
Forum: Latif v. Obama: Redaction Riddle Resolved
Forum: Military Commissions: No Longer a Useful Strategy
Forum: Executive Detention and the Presumption of Regularity
  LEGAL PROFESSIONAL COMMENTARY
Hotline: Halting Canadian Bush Prosecution Violated International Obligations
Sidebar: Closing Guantanamo: The Need to End Indefinite Detention
Hotline: Continued Dysfunction Marks Guantanamo Bureaucracy
  STUDENT COMMENTARY
Dateline: Prosecuting Terrorism: Maintaining a United Criminal Justice System
Dateline: PITTSBURGH: Terrorism and the Law
Dateline: GUANTANAMO: Challenge and Change Require EU Response
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