Legal Implications of National Security and the threats at our Border
- 1 Introduction
- 2 Background
- 3 Analysis
- 4 Conclusion
- 5 Recommendation
Guantanamo Bay is a water body located in Cuba. It is familiarly known as regarding a military base in the Naval Base. It usually said to be a detention facility geographical located in Oriente province which is in southeastern part of Cuba.
It is approximated to be 400 miles away from Miami in Florida. It is a United States prison that holds detainees from other nations that threaten people’s security so as to ensure there is peace amongst the people of different nations. Whenever countries border each other, it is of great importance to maintain peace and security within the borders. Subsequently this makes traveling safer and comfortable from one place to another. Maintenance of border security also ensures that movement of sensitive goods like weapons anddrugs is strictly restricted to authorized persons or organizations only. Both internal and external security promotes economic growth and stability, free movement of people across the borders as well as maintaining a nation’s autonomy. The United States have worked responsibly to protect its borders from any dangers since its borders several countries form instance Mexico, DHS and Canada. This has been through all technological means and the use of its personnel. The government through former president Barrack Obama set plans to have the Guantanamo Bay closed for security purposes. It has been targeted for closure by several parties. Since 2008 former President, Barrack Obama had set his plan to have it closed. His administration had set a plan to transfer some detainees to different countries and others to another facility in the U.S.A. immigration laws in the federal government bestows the responsibility of maintaining a safe and secure environment upon the government with assistance of the various states. Therefore federal government should ensure that its citizens are protected in their community within and even outside their land. (Yin, 2011)
This paper therefore seeks to investigate whether the Guantanamo Bay should be closed. The president has the powers to decide what they think best to be implemented as far as national security is concerned. The continued opening of the Guantanamo Bay prison is of much importance to the people since that every threat to their security is keenly checked. Nevertheless this adversely tarnishes the public image of the United States hence creating more enemies for it. This research paper will outweigh both the pros and cons of closing the facility based on arguments by different parties. Normally a prison should be a rehabilitation place where wrong doers are punished to correct the behaviors and become better people in the future.
By the time when this announcement of the closure was made by the president, most people in the Congress and lawmakers disputed this plan and strongly disagreed with the president. In addition, a poll was conducted where among the Americans who were surveyed, 56 percent opposed the closing of the prison in Guantanamo Bay. Over the years several people have argued whether the prison at Guantanamo Bay should be shut down or not. For instance, General John Kelly said that it should not be closed simply because the detainees show a lot of power since they provoke and splash dirt on the guards. They still remain to be bad guys having not changed at all which is evident in the way they assault their guards. Constitutionally, one should be prosecuted for assault to any individual.
Any restriction made by a government concerning its boundary with other countries is always based on prevention of illegal inflow or outflow of people or/and goods through land, water or air means. This therefore permits the legal travels for people to attend to lawful operations like commerce. This is a responsibility given to any government since it’s a way of exercising its powers. It was for this reason why U.S decided to restrict this movement by closure o the detention facility. It has been witnessed of international organizations disrupting various nations` security through illegal activities like drug trafficking and terrorism attacks all over the world. At first when Obama introduced his bid in his campaign, it seemed to have a very strong political force. It was endorsed by several politicians mainly by his opponents, Hillary Clinton and McCain of the Republican. Following his passion to uphold humanity, former president Obama said that he was against the activities of torture that the detainees were subjected to. (McNeal, 2011)
In the United States which is used for detainment of war prisoners was made by president Obama among other persons. This was highly opposed by many including citizens who saw that their lives would be endangered. The prisoners are attained from the Afghanistan invasion and the Terror war back in 2002. Most leaders have opposed the action of closing the prison claiming that the prisoners need to remain detained and it should be closed any time soon. On the on the contrary, others for instance CFR Adjunct Fellow John B. Bellinger III claims that the prison remains a stain on U.S. values and must be closed. He advocates for its closure thus backing up former president Barrack Obama. In addition, a former legal adviser to the late Senator Edward M. Kennedy, William Yeomans utters that the prison should not only be shut but also be converted into a base for Haitian relief and development.
Even though president Obama pushed for this case, he did not make it to close the prison within his term despite the targets he had set within a year or two due to various reasons. One of the reasons was that Guantanamo was a very nice place to detain large numbers of Taliban and al-Qaeda members. This was found to be of great importance and also probable (Muhs et al, 2017).
It was found that president Obama had an inner passion when he proposed to have the closure. He says, “in the dark halls of Abu Ghraib and the detention cells of Guant??namo, we have compromised our most precious values,”he was opposed to some inhumane activities done in the prison which included: vicious beatings, deprivation of sleep, detainments for longer periods, forceful and feedings. He therefore issued orders to have the facility closed, that was not the case. Several persons had different views about the issue. Following the progress of this issue to close the prison at Guantanamo bay, several people have found it worth of considering its problems. Since its problems have taken quite long, its running was bestowed upon the military that run it in a humane manner in line with legal standards governing world-wide. This research sought to know whether the Guantanamo Bay should be closed or not. It has been proved helpful to close Guantanamo since it will make U.S more secure. In 2008 the presidential candidates had affirmed this proposal in order to reduce criminal activities. Obama argued that the prison has done nothing to remedy the situation and thus should be closed (Muhs et al, 2017). This follows a bombing attempt by a Nigerian student with aid of two released detainees from Guantanamo. The prison had earlier been affected politics leading to the release of criminals by not following a court order.
Furthermore the Guantanamo was like a torture zone for the detainees. This is according to one of bombers who said that he was motivated by abuse the released detainees underwent in that prison as well as Bagram. Consequently the Nigerian student made a decision to attempt bombing in revenge for his colleagues from the stories he heard. This is still why former president Obama was against (Muhs et al, 2017).
According to Senior Managing Attorney, Shayana Kadidal, it was absolutely unreasonable not to release detainees who were freed by the court or a task force. Therefore any calls to let Guantanamo open for more time was meaningless since America would not be safer.
The Guantanamo By detention camp was instead to be converted into beacon of humanitarian compassion instead of being a symbol of lawless abuse of detainees in America. (William Yeomans, Fellow in Law and Government, Washington College of Law, American University; former Chief Counsel to Senator Edward M. Kennedy, Senate Judiciary Committee) this was to be achieved by using it a base for development and relief for Haiti.
Guantanamo was to be closed in order to restore the strength of America which was diminished by the state of the facility. It destroyed the state of American national security alongside tarnishing its reputation all over the world. Once people entered Guantanamo, their rights were violated until when law men intervened for them to be treated well. It was then when Obama recognized the need to stay away from this situation and restoring the strength of his nation by eliminating the damage already done in Guantanamo. According to him, closure of the prison would mean better outward image of America by other countries. Americans bid to close Guantanamo was not affected by the fact that Yemen was known for breeding of terrorists. Former president Obama did not hesitate to make the place a sign of hope and restoration (Muhs et al, 2017).
It should be closed down because innocent people are being mistreated following their mistaken identity. For instance, Lawyer Omar Deghayes was detained for several years following a mistaken identity. He claims that those who arrested him thought he was Chechen rebel. Despite hunger strikes severally to call for outside world to clip in for his case to be heard, Omar served imprisonment for several years. He called for justice to be executed and those found guilty be imprisoned whereas the innocent be released (Van, 2011).
Since the United States rejects torture unequivocally just as President Bush and Obama did, the facility cannot be maintained knowing it’s a place where torture occurs. Guantanamo has encouraged enmity between countries. It is a global network which publicly represents inhumane prisons thus creating new enemies each and every time. This is because the place has been more inhumane practicing interrogation issues and torture to the detainees. It is therefore advocated to close it down in order to promote social integration within nations in the whole world.
At times the Guantanamo has estranged its allies due to the need to curb terrorism. However this has led to distrust of United States in the eyes of its friends. That is why Tony Blair, who was the British prime minister advocated for the place to be closed. Closure of Guantanamo would act as a signal of great change regarding the strategy on terrorism fight. After the terror attacks the United States vowed to ensure protection of its people from danger and any other subsequent attacks. Closing the Guantanamo Bay would act as a symbol of being civilized with ability to use other security methods than a scared nation. This will reassure citizens and the outside world of its confidence to use the rule of law to protect what belongs to the United States (Boehm, 2012).
It is also a violation of the Geneva Conventions. This is so because from the start it took legal stand that its captives were those who fell in the category of armed fighters from enemy nations but not war prisoners.
Contrary, it has been found that other persons were against closure of the Guantanamo Bay. This is because, for instance according to Clifford D. May, al-Qaeda did not use Guantanamo as a tool for recruitment instead they had already recruited their group even before the Gitmo attacks. It was argued that the advantage of public diplomacy to be attained by shutting of Guantanamo Bay would be cancelled by destruction done on national security (Muhs et al, 2017). Similarly, no democratic nation would accept transfer of detainees into their land once the prison was closed. This therefore called Obama to accept that it was impossible to close Guantanamo Bay.
Likewise the transfer of detainees to the U.S was also not interesting since they could be privileged to enjoy the same rights as per the constitution just like any other American citizen. Therefore closure of the facility would be unjust and an advantage to terrorists. In addition, it is costly to establish another facility to accommodate the detainees. This would mean a waste of the investment earlier made. As a result the congress would be a total mess of using American money inappropriately.
The Guantanamo Bay closure would mean that terrorists would be freely roaming around in the whole nation thus endangering the lives and security of innocent citizens. People would be uncomfortable to walk around in amidst of insecure people. In addition no sovereign nations would freely permit the detainees to be transfer to their land. This would mean allowing a dangerous threat to their security. It has helped to convict terrorists who threaten not only national security but also that of other countries. Since these detainees have tortured and murdered innocent people, they are justified to suffer in this prison. It would be a complete violation of constitutional justice to close Guantanamo Bay. It has also served the entire world leave alone the United States of America.
It was also found that the place serves to cut communication of the prisoners with others. Therefore its operation would help to which people have connections with terrorism and hence stop their operations. It is thus effective to keep the Guantanamo Bay open. The torture involved in the place has not been like beating people up though. Prisoners are often witnessed making concoctions of urine and other dirt to throw at their guards, and they are not touched. Similarly, what occurs in Guantanamo is not real torture (Muhs et al, 2017). Basically there has been use of psychology. By definition, Torture is pain equal to or greater than losing organs. Psychological torture doesn’t involve pain. Therefore, this should not result to closing of the facility.
Based on the research, it was found that president Obama was not able to close the Guantanamo Bay prison because; the congress prevented him from closing it. Due to his opponents influence while in office, Obama would not be able to achieve his desire until his reign expired. On the other hand, president trump has promised to retain the prison open in order to ensure the detainees suffer as intended. He vowed to introduce more severe punishment to them to compensate for innocent people who suffer in their hands.
In summary, there have been several arguments for and against the closure of Guantanamo Bay. The closure is beneficial in that it will continue to hold captive the murderers amongst other criminals who violated people’s rights, building up and restoring the image of the United States in the outside world, upholding and maintaining the investment funds in that facility, aid in remedying the violation of the Geneva conventions, ensure that prisoners are not abused or degraded, curb mistreating of innocent persons accused through mistaken identity by ensuring that proper handling and hearing of cases is implemented, ensuring that intelligence efforts are not undermined. On the contrary, Guantanamo should not be closed because, it will mean more insecurity resulting from the released detainees, a loss of investment in establishing this facility, and injustice done to the affected citizens, unfair treatment of citizens since everyone including the criminals will be able to enjoy their constitutional rights and also there will be increased training and recruitment of other bad guys thus threatening the security of the entire world. Similarly, the detainees may end up revenging on their guards after they are freed and still on innocent persons. As it was reported after former president Barrack Obama demand the closure of the prison facility, most detainees mocked the guards.
Therefore it would be most preferably if the Guantanamo Bay prison facility is not closed. This is so because the diplomatic advantage attained by the nation is outweighed by the damage done by the detainees on both national and international security. Every government should look for better ways to curb insecurity in their territory and even protect their borders.
Since it has been the desire of some leaders to close the Guantanamo Bay in order to restore the fallen American strength but it failed, I would recommend that it is most preferable to let the place remain open. For the benefit of the majority to enjoy their constitutional rights, captives should be subjected to imprisonment in order to change their ways and maintain peace. I also recommend other researchers in the future to view the specific damage the closure of Guantanamo Bay would bring to the U.S administration.
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