75. Name: Francesca Astorri Title: Juridical Analysis of Guantanamo Bay and the Case of Sami Al Hajj Institution: Università Luiss Guido Carli Country: Italy Date: 2010 Language: Italian Abstract: This study aims to provide a juridical analysis of the offshore prison of Guantanamo Bay. It analyzes the elements of international law starting from the rental treaty of Guantanamo Bay between Cuba and the United States. In this document, it is possible to identify the first legal violations, upon which Guantanamo was built. The study tries to frame the juridical status of this offshore prison and of its detainees in order to determine whose sovereignty and laws rule over Guantanamo Bay, and who then is responsible for the crimes committed. The study illustrates how after 9-11 the Bush administration has self-attributed arbitrary powers, bypassing the US Congress and international institutions, violating the American Constitution and human rights treaties signed by the US. In this context, the case of Sami Al-Hajj, a former Al Jazeera cameraman, who was detained in Guantanamo, is and discussed in details. Al Hajj was illegally arrested and then detained in different offshore prisons under the US control before being deported to Guantanamo and then imprisoned for six years under various allegations, including filming an interview with Osama Bin Laden.
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