Abu Ghraib, Iraq
&
Guantanamo Bay, Cuba Prepared By:
Veronica Mihajlovic
Diana Sellars
Aaron Wilson
GM520 Legal, Political, and Ethical Dimensions of Business
Table of Contents
Introduction 1
United States Constitution 1
Geneva Convention 2
Third Convention 3
Enemy Prisoner of War 3 Retained Personnel 3
Fourth Convention 3
Protected Persons 3
Guantanamo Bay 4
Memorandums 5
Abu Ghraib 6
Uniform Code of Military Justice 9
Conspiracy 9 Cruelty and Maltreatment 9 Assault 9 Indecent Acts with Another 10
Conclusion 10
Bibliography 12
Introduction War is not an easy environment to navigate through. The United States has always been the pillar for ethical behavior and following protocol. After the attack on the U.S. on September 11, 2001, the policies created by the President’s Administration and the top U.S. military officials undermined that pillar and created an opposing international view that the U.S. is a harsh and abusive state. Although no Constitutional rights were violated, there were Geneva Convention rights that the detainees had were violated by U.S. military personnel.
United States Constitution Constitutional protection and rights given by the forefathers of this country are given only to U.S. persons. There are certain requirements that a person has to meet in order to qualify as a U.S. person. Those people that qualify would include:
U.S. Citizens are natural born and have a birth certificate/social security card.
Permanent Resident Alien (PRA) of the U.S. is foreign born person who went through the process and received a green card. Eventually, they will receive full citizenship if the process is followed properly.
U.S. Corporation that was incorporated in the U.S. and not controlled by some sort of foreign government. A corporation is formed by filing for Articles of Incorporation. This document makes them a legal being in the eyes of the government.
Unincorporated
Bibliography: Geneva Convention Relative to the Protection of Civilian Persons in Time of War. Vol. IV. N.p.: n.p., 1949. Print. Geneva Convention Relative to the Treatment of Prisoners of War. Vol. III. N.p.: n.p., 1949. Print. Uniform Code of Military Justice. Washington, D.C.: U.S. G.P.O., 1949. Print. 81, 93, 128, 134-29. United States. Army. Training and Doctrine Command. A Military Guide to Terrorism in the Twenty-first Century: TRADOC G2 Handbook(s). Vol. 1.06. Fort Leavenworth, Kan.: Command, 2008. Print. United States. Dept. of Justice. Office of Legal Counsel. Legal Standards Applicable under 18 U.S.C. [sections] 2340-2340A Memorandum Opinion for the Deputy Attorney General. By Daniel B. Levin. Washington, D.C.: U.S. Dept. of Justice, 2004. Print. United States. Dept. of the Army. Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees: Military Police. Washington, DC: Headquarters, Dept. of the Army, 1997. Print. AR 190-8. United States. Dept. of the Army. Human Intelligence Collector Operations. Washington, D.C.: Headquarters, Dept. of the Army, 2006. Print. FM 2-22.3. United States. Dept. of the Army. Intelligence Interrogation. Washington, D.C.: Headquarters, Dept. of the Army, 1987. Print. FM 34-52. United States. Dept. of the Army. Military Justice. Washington, DC: Headquarters, Dept. of the Army, 2005. Print. AR 27-10. United States. Dept. of the Army. The Law of Land Warfare. Washington D.C.: U.S. Govt. Print. Off., 1956. Print. FM 27-10. United States. Dept. of the Army. US Army Intelligence Activities. Washington, DC: Headquarters, Dept. of the Army, 1984. Print. AR 381-10. United States of America. President Issues Military Order Detention, Treatment, and Trial of Certain Non-citizens in the War against Terrorism. By George W. Bush. Vol. 66. [Washington, D.C.]: White House, 2001. Print. Ser. 222. Ojeda, Almerindo E. "Death in Guantanamo: Suicide or Dryboarding?" Truthout. News Analysis, 3 Nov. 2011. Web. 1 June 2012. .