What judicial treatment for the Guantanamo detainees?

2002 ◽  
Vol 3 (9) ◽  
Author(s):  
Luisa Vierucci
Keyword(s):  
Legal Status ◽  
Geneva Convention ◽  
Prisoners Of War ◽  
Prisoner Of War ◽  
White House ◽  
The Public ◽  
Guantanamo Bay ◽  
Geneva Conventions ◽  
The Us ◽  
The Military

The White House statement of February 7, 2002, according to which the Taliban and Al-Qaeda members detained in Camp X-Ray in Guantanamo Bay following the September 11, 2001, events had no right to prisoner of war (POW) status but were merely ‘unlawful combatants’ had broad repercussions in the public opinion as well as among legal scholars. The debate focused on the legal status and treatment of the persons held in Guantanamo Bay mainly in light of the Third Geneva Convention of 1949 relative to the Treatment of Prisoners of War. Comparatively little attention has been paid to the treatment due to the detainees in light of the Military Order on the Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism issued by the US President on November 13, 2001 (Military Order). Also the treatment to which the detainees are entitled by virtue of the Fourth Geneva Convention of 1949 relative to the Protection of Civilians in Time of War has been largely overlooked. This brief paper intends to contribute to remedying such lacunae but will be limited to an analysis of the provisions of the 1949 Geneva Conventions in light of the events of September 11th without reference to previous practice.

Human Rights Issues in Guantanamo Bay

2004 ◽  
Vol 68 (5) ◽  
pp. 423-439 ◽  
Author(s):  
Daniella Schneider
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Geneva Convention ◽  
Civil Liberties ◽  
The Body ◽  
Political Rights ◽  
United Nations General ◽  
Guantanamo Bay ◽  
The Us ◽  
The Usa

This article addresses the developments surrounding the continued detention and treatment of the detainees at Guantanamo Bay, Cuba, and examines the legal issues arising from them. The present political environment has left deep scars in international and human rights law. The detention of some 660 individuals in Guantanamo Bay has caused academic and diplomatic disputes. There is a serious legal debate as to the legality of the detention. The USA has classified these men as ‘unlawful combatants’, who are not subject to the Geneva Convention of 1949, which regulates the treatment of detainees in an armed conflict. According to the US authorities, Taleban fighters and Al-Qaeda do not fall within the Geneva Conventions. No attempts have been made on behalf of the US to verify the detainees' legal status by way of a tribunal. This article examines the possibility of alternative legal recourses, such as the application of the Fourth Geneva Convention which protects civilians who fall in the hands of the enemy, the application of the International Covenant on Civil and Political Rights, which the USA has ratified, and finally the existence of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, adopted by the United Nations General Assembly. Each of these instruments, despite the complexity of their provisions, ensures a minimum standard of treatment of the detainees. The detainees' legal status, however, remains unclear; accordingly they are trapped in a legal black hole. Numerous attempts have been made to solve this international embarrassment. The USA opted for trial by military commission, to which the international community was strongly opposed. The measures carried out by the US authorities and by the British government in relation to the detention of suspected international terrorists are critically scrutinised in this article. Some detainees have been freed, which raises questions of possible compensation. Consideration is also given as to whether the legal measures taken until now are sufficient for the protection of their human rights. What is certain is that the treatment of possible terrorists has drastically changed, undermining human rights and civil liberties.

The Military Physician in Captivity

1969 ◽  
Vol 9 (99) ◽  
pp. 295-303
Author(s):  
E. Reginato
Keyword(s):  
Medical Officer ◽  
Red Cross ◽  
Prisoner Of War ◽  
Geneva Conventions ◽  
Peace And Justice ◽  
In Captivity ◽  
Military Physician ◽  
The Military ◽  
Insight Into ◽  
Better Than

In his introductory address at the third International Refresher Course for Junior Medical Officers, Dr. H. Meuli, member of the ICRC, said “No one knows war better than the military medical officer, nor measures its horror, nor hates it more. No one has greater insight into war to enable him to take a stand for peace and against war”. From its very beginnings the Red Cross has been linked to medicine; it was the ICRC which obtained for doctors the means of exercising their profession in war, which are laid down in the Geneva Conventions.It therefore seems appropriate to quote extensively from a communication submitted at the Course by an Italian doctor, bearing moving testimony to the difficulties facing the medical officer, the noble character of his mission and the principles underlying his activity in the prisoner of war camp. These principles were summed up in his conclusion : “Like peace and justice, medicine loses its significance if not accompanied by charity. If it is to stay universal, it must not lose its humanity”. (Ed.).

THE LEGAL STATUS OF CENTRAL BANK INVESTMENTS UNDER ENGLISH LAW

1998 ◽  
Vol 57 (2) ◽  
pp. 374-390 ◽  
Author(s):  
WILLIAM BLAIR
Keyword(s):  
Legal Status ◽  
Case Law ◽  
Central Banks ◽  
The Public ◽  
State Immunity ◽  
The Us ◽  
English Law ◽  
The Uk ◽  
Special Provision ◽  
Made In

Central banks have enormous sums of money in various forms of investments. When claims are made either against the banks themselves, or against other governmental bodies, issues arise as to whether these assets can be attached, and made available to satisfy judgments. The article explains how central banks are treated in English law. It explains the special provision made in respect of their assets under the State Immunity Act 1978. There is wide immunity from attachment, though questions can arise as to the ownership of such assets. The UK legislation is, in some respects, wider than its counterpart, the US Foreign Sovereign Immunities Act 1976. Recent case law is described in which the English courts have recognised that the public responsibilities of central banks have to be taken account of when determining the extent of their liability to attachment.

Vultures in Courts: Why the UNCTAD Principles on Responsible Financing Cannot Stop Litigation

2015 ◽  
Vol 28 (4) ◽  
pp. 849-862 ◽  
Author(s):  
MAURO MEGLIANI
Keyword(s):  
New York ◽  
Financial Markets ◽  
Sovereign Debt ◽  
Legal Status ◽  
Legal Framework ◽  
Federal Courts ◽  
The Public ◽  
The Us ◽  
Us Supreme Court ◽  
Abusive Behaviour

AbstractThe decision of the US Supreme Court rendered in NML v. Argentina has enabled the vulture funds to enforce in full their claims against the payments to be made by Argentina in favour of those holders who had tendered their bonds under a previous exchange offer. This scenario may have a disruptive impact on the functioning of the financial markets and endanger the restructuring processes of sovereign debt. The race to the courts by the vulture funds could be stopped under the UNCTAD Principles on Responsible Financing where the behaviour of those creditors who acquire debt instruments of sovereigns in distress and remain aloof from a restructuring to secure preferential treatment is marked as abusive. Unfortunately, so far the legal status of this abusive behaviour is unable to overturn the interpretation of the pari passu clause under New York law given by the US Federal Courts which stands at the base of the problem. To overcome this impasse the suggestion is to insert in the UN proposal of a multilateral legal framework for sovereign restructuring processes a specific provision qualifying as overriding a mandatory restructuring plan approved through a certain quorum which has received certification by the IMF. This qualification would serve the purpose of applying the plan to all creditors, and not just to those who register under the process. Moreover, this qualification would be considered as part of the public policy of the states participating to the UN proposal so as to block the enforcement of judgments rendered in non-participating fora.

The Geneva Conventions—An important Anniversary—1949–1969

1969 ◽  
Vol 9 (101) ◽  
pp. 399-410
Author(s):  
C. Pilloud
Keyword(s):  
Geneva Convention ◽  
Prisoners Of War ◽  
Red Cross ◽  
Geneva Conventions ◽  
The Individual

The date of 12 August 1949 takes its place amongst the important historic events of which the Red Cross can be justly proud: on 22 August 1864 there was the signing of the First Geneva Convention; the second revision of that Convention and the signing of the Geneva Convention relative to the treatment of prisoners of war were made on 27 July 1929 and on 12 August 1949 there were the revision of the old Conventions and the adoption of the Geneva Convention for the protection of civilian persons in time of war. On each occasion protection of the individual was extended to further categories of victims.

Axis Prisoners of War

2018 ◽  
pp. 104-118
Author(s):  
Robert L. Fuller
Keyword(s):  
Geneva Convention ◽  
Prisoners Of War ◽  
Land Mines ◽  
Us Army ◽  
The Us

The handling of Axis prisoners of war (POWs) became an unavoidable irritant in Franco-American relations. The US Army was obliged to follow the Geneva Convention on the treatment of POWs, which the French populace saw as leniency. They especially resented the generous food rations allotted to enemy POWs while the French went without, and no one wanted POW camps nearby. Although separating French citizens from Axis POWs was easily accomplished, the French SS posed another problem. The French demanded that German POWs undertake the dangerous work of clearing land mines, and they resented liberties granted to Italian POWs.

The Korean Repatriation Problem and International Law

1953 ◽  
Vol 47 (3) ◽  
pp. 414-438 ◽  
Author(s):  
Jaro Mayda
Keyword(s):  
United Nations ◽  
International Law ◽  
Geneva Convention ◽  
Prisoners Of War ◽  
Fundamental Question ◽  
Final Solution ◽  
Prisoner Of War ◽  
The North ◽  
Modern Development ◽  
Per Se

The problems raised by the unwillingness en masse of the North Korean and Chinese prisoners of war to be repatriated in accord with the rights given them under the 1949 Geneva Convention, present, in a revealing perspective, the test to which the Korean conflict has put positive international law. Apart from the final solution, which is based on a United Nations resolution grounded in valid international law, the attitude of both sides throughout the Pan Mun Jom negotiations raised quite sharply several questions. Standing out among them was, on the side of the United Nations, the policy question of confidence in, and application of, international law, and the legal question of its dynamic interpretation and adjustment. More generally and, in part, de lege ferenda, the ideological basis of the war prisoner issue raised a fundamental question of values, and added a new dimension to one of the central foci in the modern development of international law: the rights of individuals, per se and in their relations to the rights of states. Viewed from this standpoint, the prominence of the prisoner-of-war question in the armistice negotiations looks much less incidental or opportunistic than some current commentaries may have made it seem.

The Protection of prisoners of war

1974 ◽  
Vol 14 (157) ◽  
pp. 191-193
Keyword(s):  
Geneva Convention ◽  
Prisoners Of War ◽  
Red Cross ◽  
The Third ◽  
Geneva Conventions

Before the existence of the Red Cross and the Geneva Conventions, any soldier fallen into enemy hands was entirely at his captor's mercy. Now the Third 1949 Geneva Convention relative to the treatment of prisoners of war—recognized by 133 States—clearly lays down how he must be treated during captivity.

MEDIA AND WAR. BETWEEN INFORMATION AND PROPAGANDA

2012 ◽  
Vol 165 (3) ◽  
pp. 35-47
Author(s):  
Irena WOLSKA-ZOGATA
Keyword(s):  
Public Relations ◽  
Vietnam War ◽  
Information Management ◽  
Gulf War ◽  
The Public ◽  
Us Military ◽  
The Us ◽  
Political Public Relations ◽  
Cooperation Strategy ◽  
The Military

The article is of demonstrative nature. It contains the data that come from the examinations of other authors. It is aimed at showing in what way politicians and military personnel can influence the winning of the hearts and minds of the public opinion for their own purposes with legally available assets.In spite of exploiting the press from time immemorial for waging wars, the Vietnam war prompted politicians and the military to develop a cooperation strategy with the media.The second Gulf War was fought in accordance with the principles worked out by the US military from the style of information management during the first Gulf War in 1991. In the process of information management, the majority of specialists were from the field of political public relations rather than civilian spin doctors.

scholarly journals Comparative legal characteristics of the accounting chamber in Ukraine, The USA and Poland

2020 ◽  
pp. 35-44
Author(s):  
V.V. Mirgorod-Karpova ◽  
D.A. Lisov
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Practical Significance ◽  
The Public ◽  
True Path ◽  
The Us ◽  
The Status ◽  
The Usa ◽  
State And Local ◽  
And Control

The urgency of the topic is due to the fact that the Accounting Chamber remains completely new to our state body, the status of which is moving to the modern version and developing. So it may be necessary that it be very important, but it was very important in order to reach the highest level and then contribute to achieve and create a functionally similar place in the US and Poland. The update of the study is also due to the fact that the status of the Accounting Chambers, as was done in different regions, is not the same. Absence, theoretical and practical significance will have key problems, which are: legal regulation of the status of the current in Ukraine, the USA and Poland; their genesis, concepts and features; ability and guarantees; organizational and functional structure; form and methods of activity, continuously, in terms of constitutional and comparative level. Use this ideal production and justification of the true path that has ensured the legal status and activities of the Accounting Chamber in Ukraine. According to the practice of applying certain norms of current legislation in the public finance sector in Ukraine, the main tasks of public financial control are as purely control, which includes the organization and control over the implementation of state and local budgets, inspection of property and efficiency of property by state enterprises and institutions. correctness of accounting and reporting, and expert-analytical. It should be noted that at the present stage they are developing and they are anxiously reforming the institution, the administrative and legislative legislation of Ukraine, and at a time when these areas exist in the field of systematic, comprehensive research in these areas of justice. At the same time, to date he has sharply clarified and deepened various categories and created organizational and legal regulation of the status and activities of the Accounting Chamber as bodies that exist in Ukraine, with new and tested in the US and Polish theoretical and practical contracts. Itself, pursuing, and determining the choice of topic.

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