Ιδιότυπο νομικό καθεστώς και το διακύβευμα των ανθρώπινων δικαιωμάτων : η περίπτωση του Γκουαντάναμο
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Keywords
Ανθρώπινα δικαιώματα ; Γκουαντάναμο ; Διεθνές δίκαιο ; Τρομοκρατία ; ΗΠΑAbstract
The purpose of this report is to explore the legal status in Guantanamo Bay, which is characterized as a legal black hole. As it turns out through the study, the status which exists in Guantanamo Bay Cuba isn’t structured the last twenty years after the terrorist attacks on 9/11 and the declaration on the war on terror. Its origins can be found in the late 19th century and more specifically with the American-Spanish war and the Treaty of Paris in 1989. The Treaty of Paris set the foundation of the anomalous regime in the area. The leasing of Guantanamo as an exchange for the independence of Cuba and the maintenance of the area even after the Cuban revolution shows the significance of Guantanamo for the US. The use of Guantanamo of the area as a refugee detention center in the late 20th century was crucial to the subsequent establishment of prisons for terrorism suspects. Through the judicial decisions of the Supreme Courts but also from the Acts issued by the Congress and the President of the USA, an effort is made to understand and evaluate both the peculiar regime that is characterized as a legal anomaly and the decisive contribution of the judiciary.