Prisoner of War or Illegal Enemy Combatant?: An Analysis of the Legal Status and Rights of the Guantánamo Detainees

Since the War on Terrorism began, thousands of suspected terrorists have been captured by the US and allied forces. Of these, those deemed to be the most dangerous have been transported to Camp X-Ray in Guantánamo Bay, Cuba. From the time the first pictures of these prisoners arriving at Camp X-Ray were made public, there has been a heated debate over which legal status and rights to afford to detainees in the War on Terrorism.If any agreement is to be made, it is important to obtain a basic understanding of the issue itself as well as both sides of the debate. In order to do this, three core issues are explored: Firstly, what are President Bush's strategic reasons for refusing to grant the Guantánamo detainees POW status, and what are the steps that the Administration has taken in order to ensure that its strategies in approaching the War on Terror are protected? Secondly, what are the counter arguments to the Bush Administration's position, who is voicing these arguments, and why? Finally, what impact does the Bush Administration's position have on how and to what extent the War on Terror is waged?