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Max Planck Encyclopedia of Public International Law [MPEPIL]

Guantánamo, Detainees

Marco Sassòli, Yvette Issar

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 12 July 2020

Prisoners of war — Terrorism — Combatants, unlawful — Geneva Conventions 1949 — Armed conflict — Armed forces — Belligerence

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 The United States (‘US’) operates the Guantánamo Naval Base on the island of Cuba. On 11 January 2002, under President George W Bush, the US began holding detainees at special facilities constructed at Guantánamo Bay. Individuals brought to Guantánamo for detention were captured in the context of the ‘war on terror’ (US National Security Council ‘National Strategy for Combating Terrorism’ 1), which the US launched after the attacks of 11 September 2001 on New York City and Washington DC. For both the Bush administration and its critics, the detainees held in...
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