International Journal of Humanities and Social Science

ISSN 2220-8488 (Print), 2221-0989 (Online) 10.30845/ijhss

From Natural Law to Contemporary Political Conflict: A Legal Philosophical Perspective on Closing Guantanamo
Dr. Christie L. Richardson

Conservative and liberal theorists conflict with ideological and political behaviors due to the federal government’s interference with individual rights, in order to better social order at the national and international levels. Prosecuting the high-value detainees in the proper court forum will entail a third court to alleviate the detainee trials: a National Security Court System (NSCS). It would be a hybrid court to preserve the legal aspects of human rights while addressing the “not in my backyard” syndrome, terror risks, and homeland security protection. The answer is not for an NSCS to be established in the United States, but for an NSCS to be implemented in Guantanamo, which goes against years of research set forth by leading legal scholars and law review journals. This philosophical study, covering political theory concepts from antiquity to the contemporary era, involves a review of theory from four paradigms that can be applied to support the creation of an NSCS to prosecute high-value criminal detainees in Guantanamo.

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