Author Topic: HOW DID US GET HOLD OF GUANTANAMO BAY? (Read 246 times)

LAXCENTRAL · « **on:** June 16, 2009, 05:58:46 PM »

GUANTANAMO BAY HOW DID WE GET A HOLD OF IT ?

Teddy Roosevelt · « **Reply #1 on:** June 16, 2009, 06:13:01 PM »

There's this amazing thing called google...

The US obtained Cuba from Spain after the Spanish-America War. Treaties signed in 1903 and 1934 gave the US control of the current area. Since Castro came to power, Cuba refused to recognize the treaty, but what can they do?

QuietTruth · « **Reply #2 on:** June 16, 2009, 06:18:46 PM »

Damn, I just got me a history class lesson.

Blasphemy · « **Reply #3 on:** June 17, 2009, 06:18:42 AM »

Yeah I think what the above poster said is correct. The prison was built at the last minute ( mean very last, we had no plans for it at all) to be constructed.I think maybe in only a couple of days it was planned out/built. Cause Bush wasn't going to allow any Terrorist to be on American Soil. He also made them in Legal limbo and tortured em to get information.They got a lot of useful information from The Bay. Now I know some people saying "But they are humans", but remember this, not a single terrorist would ever look at you the same. They would kill you just for being from this country, but hey to each his own.

LAXCENTRAL · « **Reply #4 on:** June 17, 2009, 08:35:51 AM »

GOOD LOOKS...

The Overfiend · « **Reply #5 on:** June 17, 2009, 10:10:52 PM »

Yeah word the treaty and the history went down like that...

...but theres the other issue, that the US is a party to the International Convenant on Civil and Political Rights (the ICCPR) and article 7 prohibits '...torture and cruel, inhuman or degrading treatment or punishment'. The ICCPR is considered jus cogens, that is, it is a customary international law that no state, no state at all may ignore or not abide by. Also the ICCPR has a prohibition on arbitrary imprisonment.

How then can the US detain prisoners at Guantanamo Bay arbitrarily, indefinately? How can the US torture or subject them to inhuman treatment?

The answer is not 'simply because it can'.

No, well maybe yes, but they are actually more clever than that.

You see they found a legal loophole.

Article 2 of the ICCPR says 'each state party to the present Convenant undertakes to respect and to ensure to all individuals within its territory...the rights recognized in the present Convenant'.

As Guantanamo Bay is in Cuba, not the US; the US has not violated the ICCPR!

Clever motherfuckers. I had a legal debate where I defended the US right to hold, detain and torture the prisoners at Guantanamo and I killed that bitch, needless to say I didn't win the crowd though...

However, as Guantanamo Bay is in Cuba and is still part of the sovereign territory of Cuba there is the possibility that Cuba itself could take the US to the International Criminal Court or the HRC for violations of international customary law, why it hasn't done so already I don't know. Maybe because they are shook? Or maybe because Cuba is probablly guilty of the same thing and it would result in a tit for tat bout of suing between the US and Cuba which Cuba would probablly like to avoid.

And even after all my logic and my theory, I add a motherfucker so you ignorant niggers hear me
-Lauryn Hill of the The Fugees 'Zealots'.