One of the USA’s tactics or strategies, which is the detention of terrorist suspects without trial. (original) (raw)

This study discusses one of the USA’s tactics or strategies, which is the detention of terrorist suspects without charge or trial. In the 21st century, the USA has faced a new form of terrorism which had not been seen before. In particular, when the Al Qaida terrorist group attacked the World Trade Centre and Pentagon, which were primary US symbols of power, on 11 September 2001. Then the USA created a new strategy to respond to them by addressing the 'war on terror', which involved a widespread series of counter-terrorist tactics, including the detention of terrorist suspects without charge or trial. First, I will try to explain how ‘old’ terrorism transformed into ‘new’ terrorism, according to their structures, aims and methods, as well as the situation before 11 September 2001, which relates to a change in the world’s political system especially after the end of the Cold War, after which the Soviet Union collapsed and the USA tried to spread the democratic system to all parts of the world. Moreover, this study will discuss different reasons that affected the failure of the tactic or strategy used by the USA government in the war on terror, as well as showing the division between international laws and provisions which are mentioned in international human rights law and in international humanitarian law. In addition, this paper will focus on whether the performance of the process of detaining terrorist suspects without trial is legal or illegal. The paper will also examine a case study of Guantanamo Bay Prison and how that system deals with detainees. Furthermore, this study will try to explain non-governmental organizations’ (NGO) attitudes, as these have played an important role in the failure of the USA’s tactic. For this study, both Human Rights Watch and Amnesty International were selected and their reports based on the situation in USA prisons of indefinite detention without charge or trial in general and, specifically, at Guantanamo Bay.