A Debate Decided: Civil Liberties for Guantanamo Bay Detainees

Abstract

As of January 2025, the infamous detention camp at the Guantanamo Bay Naval Base remains open and operational. This article provides a historical overview of how “Gitmo” and its unique jurisdictional standing came to be. Particular attention is paid to statutory and judicial developments following the 9/11 attacks during George W. Bush’s presidency and the launching of the Administration’s War on Terror. These measures sanctioned the detention of individuals at Guantanamo Bay, with few opportunities to pursue legal recourse for the potentially extralegal circumstances of their imprisonment.