관타나모 수용소: 9/11 이후 미국의 안보와 민주주의, 그리고 인권의 딜레마

초록

This article traces the controversies on the establishment, operation and closure of Guantanamo Bay Detention Camp, focusing on the ‘trilemma’ of how to reconcile U.S. national security, democracy and human rights. After the 9/11 terrorist attacks, the Bush administration of the Unites States established Guantanamo Bay Detention Camp to imprison ‘Unlawful Enemy Combatants’ and terror suspects. This was based on imperial presidency of the Bush Doctrine and contrary to both the U.S. laws of war and the Geneva Convention. Tortures and abuses were inflicted upon inmates; criticism ensued at home and abroad but the Bush administration held firm to the imperative of national security. The U.S. Supreme Court ruled Guantanamo Bay Detention Camp to be applied Geneva Convention and habeas Corpus in 2006 and 2008. Arguing that ‘living’ American values should be a foundation of American global leadership, the Obama administration tried to close Guantanomo Bay Detention Camp through its first Executive Order in 2009. However, U.S. Congress has blocked the closure by disapproving budgets for the detention camp’s closure and relocation. The executive, congress, and the supreme court are thus at odds with the way to preserve U.S. security, democracy, and human rights; no easy way out of this impasse over America’s ‘trilemma’ after 9/11 is in sight.

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