“Loyalty to country ALWAYS. Loyalty to government, when it deserves it.”-John Adams’  words from the 1800s are still relevant today. American citizens are obligated to question their government, especially regarding human rights, as in the case of Guantanamo Bay Detention Camp. After the September 11 2001 attack on the Twin Towers, the first terrorist attack on American soil, Islamophobia spread throughout the nation. The attack on the twin towers caused thousands of innocent people to die and left Americans afraid for their lives. Immediately, some Americans began to  cast Islam and Muslims as dangerous to society. Between 2000 and 2009, the number of reported hate crimes directed toward Muslims in the U.S. increased by over 500% (Watson). Fear  of “Islamist terrorism”  fueled hatred of Muslims, influencing the War On Terror and the opening of Guantanamo Bay prison. Guantanamo, a government-regulated prison base constructed in 2002, was used to house Muslim militants suspected of being terrorists who were captured by U.S. forces mainly in Iraq and Afghanistan. While this paper will discuss the faults of the U.S. government and how flawed Guanatanamo’s system is, in no way is the paper defending terrorist attacks, terrorist organizations, or any terrorist supporters. Some of the prisoners held at Guantanamo  threatened or were plotting to threaten America’s safety. However, this paper aims to highlight the flaws within the government system, using Guantanamo Bay Prison to exemplify the importance of vigilance on the part of citizens.

 It is our duty to elect trustworthy, law-abiding officials  to protect citizens within the nation and in foreign countries. Because of the government, Guantanamo has become a symbol of abuse, injustice, and disregard for the law worldwide, a fault that has damaged America’s moral authority on the world stage.. Despite America’s policies of freedom, justice, and liberty, there have been numerous accounts of the US military and government breaking those standards. Guantanamo Bay is one example of the corruption within the government and how some leaders allow themselves to disregard the foundations and laws of the US. 

The 9/11 terrorist attack was the main influence on the opening of Guantanamo because it heightened the government’s pursuit of security from potential terrorist threats.. Along with some American citizens, some members of the US government supported the profound anti-Muslim culture and began to take aggressive measures in eliminating those they believed were “‘the worst of the worst’” (Defense Secretary Donald Rumsfeld, 2002). Government security began arresting thousands of foreigners in America, initially with no charges or evidence of committing crimes.  “Out of more than five thousand arrests, only three detainees were ever charged with terrorism-related violations. In 2002, a National Security Entry-Exit Registration System was set up to fingerprint, photograph, and question men from twenty-five countries, all but one majority Muslim.” (Pitszer). 

The arrests were just the start of the government’s unjust tactics toward Muslims.  In November 2002, President George W. Bush announced the War on Terror: the plan to invade Afghanistan and seek out and capture terrorists. He promoted the invasion by targeting Al-Qaeda, calling on the U.S. to save their nation and the rest of the world from attackers. The Muslim targets were defeated and hopeless as soon as U.S. troops entered Afghanistan. Campgrounds were set up for fugitives abroad, but many captives were forcefully brought back to the U.S. and taken to the infamous Guantanamo Bay Detention Camp. According to Secretary Rumsfeld, the prisoners were “terrorists, trainers, bomb makers, recruiters, financiers, [Osama bin Laden's] bodyguards, would-be suicide bombers, probably the twentieth 9/11 hijacker." ("Two Prosecutors"). The extent of the prisoners' danger may have been believed, but no evidence could prove who was being captured. The government claimed its mission was to prevent another terrorist attack,   but its discriminatory policies targeted Muslims, broadly speaking, rather than the criminals themselves. In 2020, it was reported that Afghanistan, Saudi Arabia, Pakistan, Oman, and the United Arab Emirates were the top five countries of repatriated Guantanamo detainees, which comprised almost sixty-five percent of the total prisoner population (Bridge Initiative Team).  Some Americans supported vengeance, which Guantanamo took to extremes.   But aside from US officials and military members, the nation was and is  largely uninformed about events at Guantanamo.. It is no mystery why the operation has remained classified; the detentions and prosecutions of the prisoners violate human rights and American ideals.. The prison, known as a secret CIA “black site,” is heavily guarded and may only be entered with Pentagon clearance (Tayler and Epstein). Few people have gained access to set foot in the military base,  and  it took years for the public to become aware of the cruel and criminal treatment of prisoners at Guantanamo.. 

The government’s use of Guantanamo Bay Prison has shown how America’s foundational laws have been ignored. The US has unconstitutionally operated the prison to abuse its power and strategically used Guantanamo to hold prisoners without legally being on US territory. Due to the prison's location, the government claimed that the US Constitution does not cover the prisoners (Bridge Initiative Team). Additionally, under the administration of George W. Bush, the government created the “enemy combatant” label, saying those designated enemy combatants were denied even further legal protections, such as the right to have a lawyer, to be informed of the charges against them, and even to be tried (Bridge Initiative Team). This act was enhanced by the Hamdan v. Rumsfeld Supreme Court case on June twenty-ninth, 2006, a ruling stating that detainees were entitled to the minimal protections listed under the Geneva Conventions, pushing further action to ensure prisoners were restricted. The Geneva Conventions are a series of international humanitarian standards of conduct toward prisoners during warfare. The articles include the prohibition of torture, cruel treatment, or any form of abuse, which, if adhered to, would not condone the treatment tactics in Guantanamo (Evans). However, US authorities believed that “committing to Geneva Convention protections might have resulted in rulings that protected the prisoners from torture and harsh detention.” The government  sought loopholes to justify its harsh and unjust policies. . Rather than worrying about who they were imprisoning, American officials focused on the most effective methods to preserve their power (Pitzer). 

Subsequently, the Bush administration removed the Geneva Conventions’ protection and the prevention of torture treatment used on prisoners in Guantanamo Bay prison. To further enhance his executive power, Bush created the Military Commissions Act of 2006, giving the president absolute power to decide who is an enemy of the country and imprison people indefinitely without charging them with a crime. The act was problematic for several reasons, including the elimination of due process, rejection of core American values, Congress’s inability to contribute to the decisions,  use of coerced evidence, turning a blind eye to past abuses, and making the president his judge and jury ("Fact Sheet"). Though the act was revised in 2009 and no longer exists with such limitations, the torture was not forgotten. In 2018, about 41 prisoners remained in Guantanamo, twenty-eight of them never having been charged with a crime ("Fact Sheet"). The US also has not publicly broadcasted the proceedings from Guantanamo commissions, and flawed courts at the Pentagon were created and used to prosecute prisoners at the base. Often government interference would prevent defense attorneys from carrying out their responsibilities. The court withheld files from the lawyers and the CIA forbade direct contact between defense attorneys and individuals involved with the facility; in 2013 lawyers also discovered hidden listening devices in rooms where they would meet with their clients (Bridge Initiative Team). Additionally, journalists and psychiatrists require special permission to observe the prisoners, making it harder for prisoners to receive help (Tayler and Epstein). It is practically impossible for detainees to escape or be set free from prison, and the limited access to support only worsens their situations and abuses. 

The government has violated US laws with Guantanamo’s treatment of detainees. Members of the US military and guards have physically and mentally tortured prisoners. Most detainees in the prison have no real charges or evidence against them and are kept in secrecy while being abused and tortured at the base. With the government’s removal of the Geneva Conventions, the prisoners are not entitled to the treatment foreign prisoners are supposed to receive, and instead, they are often taken advantage of. Based on several prisoner accounts, the prison base seems to be an operation for America to weaken their enemies physically without breaking the law.  In defining torture, the Justice Department’s Office of Legal Counsel John Yoo stated, “‘a victim must experience intense pain or suffering of the kind that is equivalent to the pain that would be associated with serious physical injury so severe that death, organ failure or permanent damage resulting in loss of significant body function will likely result.’ Even if a government defendant were to harm an enemy combatant during an interrogation in a manner that might arguably violate a criminal prohibition,’ Yoo continued, ‘he would be doing so in order to prevent further attacks on the United States by the Al Qaeda terrorist network.’” (Pitzer). The reason for abusing the detainees seems to be for America’s cathartic revenge.. If Yoo believes in using these interrogation methods, no doubt other U.S. government officials agree. Harming the so-called terrorists makes America look threatening and robust, precisely the image the government is trying to send to terrorist groups. 

One prisoner, Majid Khan, a 41-year-old Pakistanian citizen who graduated from a Maryland high school and a detainee from Guantanamo Bay Prison, read a 39-page statement that claimed he was sexually assaulted and was nearly drowned by his CIA interrogators who he said threatened to rape his sister. He stated: “My clothes were cut off and I was stripped nude and held down…. I was blindfolded and shackled…Someone put a diaper on me and secured it with duct tape.” He also said he was “hung from his wrists” and called the facility “The American Torture Place.[PALACE?]” He claimed he told his interrogators everything on the first day he arrived, and the torture they continued to use on him was not remotely effective or helpful (CBS). Based on Khan’s statement, no matter how incriminating or dangerous some of these men may be, the tactics used against them are harmful and completely useless. Psychiatrists who have entered the territory have reported on the treatment of the detainees, noting the detrimental effects on the prisoners.. More than twelve percent of the detainees reported suffering from mental illnesses, most commonly depression, anxiety, or personality disorders (Bridge Initiative Team). The truth behind the hidden Guantanamo Bay prison base has left a “stain on the human rights record” of the U.S. and allowed ongoing human rights violations (Bridge Initiative Team). 

The prison harms the prisoners and the perception of America as a whole. Using Guantanamo Bay Prison betrays the nation’s so-called beliefs and creates skepticism and distrust between the people and their government. Though the prisoners in Guantanamo may not all be innocent, they do not deserve persecution without charge. Several organizations, such as Human Rights Watch, have been working to expose the government for not upholding U.S. standards. What the U.S. government also doesn’t seem to realize is what repercussions may come from their actions. America's international influence is weakened by holding men with no charges, abusing them, and regulating a secret detention facility, which has already sparked a backlash from enemy nations.“Islamist armed groups including the Islamic State (ISIS) and Al Qaeda have used Guantánamo as a propaganda tool to lure recruits, justify their abhorrent acts, and fuel their narrative that the U.S. is at war with Islam. ISIS has clad hostages from the U.S. and other countries in orange jumpsuits like those the U.S. forced prisoners to wear at Guantánamo before executing them and disseminating the gruesome images” (Tayler and Epstein). Already enemy groups have taken revenge and reciprocated the actions their people have received. The U.S. is digging itself into a hole that has never had–and will never have–any benefits. 

At a Senate hearing, “Colleen Kelly, who lost her brother in the 9/11 attacks, told Congress that she hopes for “a resolution to the 9/11 Military Commission that provides answers to their questions, accountability for unlawful acts, justice too long denied, and a path to closing Guantánamo. Perhaps then, this long-festering, very personal yet collective national wound can truly begin to heal.” (Shamsi). Many people think the same way as Kelly and believe that the uncharged and undisclosed prisoners bring no remedy for their pain. Hundreds of men have been through Guantanamo prison; 500 were released under Bush’s administration and approximately 200 more were released under Obama’s administration, which emptied a large portion of the prison. Still,  prisoners remain. Still, the repercussions outweigh the benefits and prove that Guantanamo prison should be shut down completely. In conclusion, the detention facility is evidence of the government’s loopholes. The U.S., although signing and supporting both the United Nations Convention and the Geneva Conventions, is in no way upholding its so-called policies or morals. President Bush took the first and most impactful steps in permitting the use of the Guantanamo Detention Facility. Still, congress supported those steps and was the moving force behind Bush’s voice. The country's leaders, the people who are supposed to ensure the peace, liberty, and prosperity of the people, have removed the protection of the prisoners’ human rights. American power should not come from physically weakening their enemies but from their true greatness and morality. With improvements in the government, Americans can be proud of their loyalty to their nation and America can shine as the great power it claims to be.