INTERNATIONAL LAW STATUS OF GUANTANAMO BAY NAVAL BASE AND LEGAL STATUS OF PERSONS DETAINED AT IT

Abstract

In the context of Ukraine's potential accession to NATO, which may be accompanied by the location of foreign military bases on the territory of Ukraine, the authors analyze the international law status of foreign military bases and the international law regime of those held there, using the example of the US Guantanamo Bay Naval Base located in Cuba. In the course of the research, the authors draw attention to a whole set of issues that are the subject of discussions in the scientific community in the context of ensuring compliance with the requirements of the law of international treaties, the law of international responsibility, international humanitarian law, and human rights standards. Special attention is paid in the study to the issue of the implementation of court jurisdiction on the territory of foreign military bases on the example of the functioning of special military commissions to fight terrorism, which are formed from officers appointed by the US Ministry of Defense. The authors note that to date, a non-exhaustive list of illegal acts falling under the jurisdiction of military commissions has been approved, and includes an extensive list of illegal acts starting from looting and ending with the use of civilians as a protective shield from combat fire, as well as purely terrorist acts in the narrow sense, for example, hijacking airplanes. Also, the norms of international law applicable to the regime of persons detained at Guantánamo on suspicion of involvement in international terrorist movements are investigated. The need to maintain a balance between the law of armed conflicts, international criminal law and human rights law is noted.