Conflict Between Guantanamo Prisoners-United States: Violation Of International Humanitarian Right

Guantanamo Bay is a detainment facility of the United States located in Cuba. The facility was established in 2002 by the Bush Administration to hold detainees from the war in Afghanistan and later Iraq. On January 11, 2002 the first twenty captives arrived at Guantánamo.

After the Bush administration asserted that detainees were not entitled to any of the protections of the GenevaConventions(, the U.S. Supreme Court ruled in Hamdan v. Rumsfeld[1] on June 29, 2006, that they were entitled to the minimal protections listed under Common Article 3 of the Geneva Conventions. On July 7, 2006, the Department of Defense issued an internal memo stating that prisoners would in the future be entitled to protection under Common Article 3. The detainees held as of June 2008 have beenclassified by the United States as "enemy combatants".
This situation created and International Conflict, it is recognized that the human rights of victims in the conflict between the United States and Iraq have been violated and currently continue to be violated,according to International Human Right (IHR), Exhibit 1.
International Humanitarian Law[2] contains a set of conventional andcustomary legal rules designed to protect people and property by reason of humanity when there is a war, serving as a check on the arbitrariness that is often committed in the battlefields, an example of this, it is the international conflict between the U.S. and Iraq.
As is well known, any international conflict and war generates different effects of large dimensions, both in thepolitical, economic, social, ideological, etc. However, one of the worst effects of any military conflict is the humanitarian cost that resulting in the deaths of millions of people between the military and civilians (women, children, elderly, etc..) missing, disabled, etc.


In this situation, international law, legal discipline and formulating standards governing members of the global community, inorder to cope and control the humanitarian costs generated by the friction of war and being consistent with the principle of progressive human rights instituted the International Humanitarian Law (IHL), conceived as part of international law that incorporates the ideals of humanity to the development of armed conflict and that includes the limited means of warfare, as the necessary protection ofthe direct victims of armed conflict, but this situation is protect by the rules that make up international humanitarian law are in the Conventions adopted at The Hague in 1907, during the Second Peace Conference and is usually known as the "Hague Law" and the four Conventions on Humanitarian Law adopted in Geneva in 1948 and Protocols I and II of 1974 on Protection of Victims of Internal andInternational Armed Conflicts. This set of standards is known in international practice as the "Geneva Law".

Geneva Conventions[3]: There are four (IV) Conventions, all signed as of August 12, 1949, whose primary goal has been to regulate the protection of human rights of victims in armed conflicts. * The agreements replace existing legislation so far (the agreements made in past centuries).Protocols: There have been two (II) Additional Protocols to the Geneva Conventions, dated June 8, 1977, whose aim has been to strengthen and clarify the rules contained in the Conventions on the protection of victims. These legal instruments aimed at consolidating a "minimum standard of protection for human rights in times of war victims".

Supporters of controversial techniques have declared thatcertain protections of the Third Geneva Convention do not apply to al-Qaeda or Taliban fighters, claiming that Article III of the Geneva convention only applies to uniformed soldiers and guerrillas who wear distinctive insignia, bear arms openly, and abide by the rules of war. One of the allegations of abuse at the camp is the abuse of the religion of the detainees.

The U.S. government has...