The U.S.’s Guantanamo Bay detention center has held 779 Muslim men over 20 years, with only a handful ever facing criminal charges. Since its opening, detainees have performed months-long hunger strikes to protest the abuse they face. In response, Guantanamo implemented force feeding, an intrusive and cruel procedure that feeds a prisoner via nasogastric tube. Despite being under U.S. jurisdiction, there has been much debate over whether these detainees should receive the same civil rights the U.S. gives its citizens. Under international law, force feeding is considered an unethical practice that invalidates human rights. However, U.S. law does not recognize hunger striking as a right, nor does it consider force feeding a violation of them. This essay will argue that Guantanamo hunger strikers would not benefit from being granted the civil rights of a U.S. citizen, but rather benefit from international legislative protection.
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Fraguada, Isabela, "Why Guantanamo Detainees Should not be Prosecuted Under US Law" (2023). Research Days Posters 2023. 31.