Lifestyle > Train of Thought
HOW DID US GET HOLD OF GUANTANAMO BAY?
The Overfiend:
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'.
Big B:
lights, did you ever pass an english class in your life?
Sparegeez:
Ignoring the Google bro. That seams to be your problem
Big B:
--- Quote from: Sparegeez on June 18, 2009, 03:11:25 PM ---Ignoring the Google bro. That seams to be your problem
--- End quote ---
http://tinyurl.com/cgl4wn
LAXCENTRAL:
--- Quote from: Sparegeez on June 18, 2009, 03:11:25 PM ---Ignoring the Google bro. That seams to be your problem
--- End quote ---
yeah i know
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