The United States of America has presented a national and international image of fairness, justice, and humane treatment of others, while abiding by the laws to which it is bound. However, the reputation of the United States has been tarnished by its seemingly prolonged internment of detainees at Guantanamo Bay. After reports of torture, sexual degradation, and the refusal to apply prisoner of war status to any of the detainees the world is looking to the United States for answers and demanding changes to the current situation at Guantanamo Bay. This paper focuses on the lack of application of prisoner of war status, as provided for in the Geneva Convention, to Guantanamo Bay detainees. This paper also examines the United States Supreme Court decisions reviewing the extension of United States jurisdiction to the Guantanamo Bay detainees and other international treaties the United States is a party to that provide for the detainees' rights to a fair trial.
Jerica M. Morris-Frazier,
Missing In Action: Prisoners Of War At Guantanamo Bay,
U.D.C. L. Rev.
Available at: https://digitalcommons.law.udc.edu/udclr/vol13/iss1/6