This semester I am taking a philosophy class on human rights. One of the objectives and requirements for the class is to keep up-to-date on various risks to human rights through groups such as International Crisis Group and Human Rights Watch and provide written followups on issues that intrigue us. (Obviously since I have a tendency to procrastinate I’m finishing up my first response the day before it is due at 11 o’clock at night.) Today I had a friend tell me that since I do not have a social networking account the least I could do is post more on my blog…. So I figured I would share my thoughts on the topic I have been researching regarding current risks to human rights due to the National Defense Authorization Act for Fiscal Year 2012….
Indefinite Detention Without Trial
by: B.C.A.
The Principle of Legality requires that citizens liable to the law be given obvious and sufficient notice of what the law expects of them, both in action and inaction, so that they can have a reasonable opportunity to conform their conduct to its obligations and requirements. There is no room for ambiguity in legality. Laws that are ambiguous are unconstitutional. A crime must be defined by the law as a prohibited act before you can be guilty of committing it. It is a fundamental standard that illegal offenses are clear, concise, and constitutionally supported, so that citizens can know with confidence and certainty what is prohibited by the law and what is not. The Principle of Legality also supports that a defendant or detainee has a basic human right to be informed by a judge of the reason(s) for their imprisonment and that he/she also has a basic human right to seek legal counsel.
In 1992 the United States ratified the International Covenant on Civil and Political Rights which prohibits arbitrary detention. An arbitrary detention is recognized by the United Nations Human Rights Committee as any detention that is not in accordance with due process of law or is distinctly disproportional, unjust or unpredictable. In addition to detainees being prosecuted with recognized criminal offenses, as laid out by the Principle of Legality, detainees should also have the right to a fair trial within a definite time frame. The United States has actively passed unjust and unconstitutional laws in order to detain people, not necessarily criminals, indefinitely without the need to provide evidence in court to prove criminal responsibility of the detainee which contradicts international laws recognized by the United States in the International Covenant on Civil and Political Rights (ICCPR).
On December 31, 2011 the National Defense Authorization Act for Fiscal Year 2012 was signed by current United States President Barack Obama which codifies the practice of indefinite detention without trial. Not only does this law violate United States obligations under international law but it also violates individuals of their basic human rights to life, liberty and security of person as outlined in article 3 of the Universal Declaration of Human Rights. Obama officially stated after signing the defense authorization bill, “The fact that I support this bill as a whole does not mean I agree with everything in it. In particular, I have signed this bill despite having serious reservations with certain provisions that regulate the detention, interrogation, and prosecution of suspected terrorists.” Obama’s recognition of the possible and likely detrimental implication that accompanies this bill in no way excuses the unconstitutional and inhumane agenda of the bill and is further evidence of the lack of regard government officials have for individual’s rights.
Related Links:
Obama Signs Defense Authorization Bill
US: Prolonged Indefinite Detention Violates International Law
Guantanamo, Ten Years On
