Human Rights Tribunals Grants Precautionary Measures on U.S. Terrorist Detainees

On March 12, 2002, the Inter-America Human Rights Commission granted precautionary measures, requesting the U.S. Government to undertake the urgent measures required to have a competent tribunal determine the legal status of detainees at Guantanamo Bay. The IACHR observed that every person under a state’s control, notwithstanding the circumstances, has legal protection for his or her fundamental and non-derogable human rights. If persons are under the control of a state (e.g., detained) during an armed conflict, their fundamental rights should be determined partly by the requirements of international humanitarian and international human rights.