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Guantánamo Bay; Detainees; Habeas Corpus; ICCPR; ECHR; National Defense Authorization Act; AUMF; United Kingdom; United States; Belmarsh Prison; Active Hostilities; Geneva Conventions; War in Afghanistan; International Human Rights; International Treaties; Executive Branch; Supreme Court; Indefinite Detention
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Indefinite Detention At Guantánamo: How The National Defense Authorization Act Results In Indefinite Detention In Violation Of International Human Rights, Molly Turro
Brooklyn Journal of International Law
The majority of the remaining detainees at Guantánamo Bay have been cleared for transfer to other countries. Provisions of the National Defense Authorization Act that prohibit government funds to be used for transfer and reinforce the United States government’s authority to detain enemy combatants until the end of active hostilities have left these detainees waiting in limbo to be transferred elsewhere. The following piece argues that the resulting indefinite detention that these Guantánamo detainees face is both a violation of international human rights and an unnecessary financial burden on the US government. This Note compares the approach taken by the …