United States Migrant Interdiction and the Detention of Refugees in Guantánamo Bay

This book presents the only contemporary legal analysis of refugee detention at Guantánamo Bay under the US Migrant Interdiction Program.

Azadeh Dastyari (Author)

9781107101005, Cambridge University Press

Hardback, published 20 July 2015

288 pages, 2 b/w illus. 2 maps
23.7 x 16 x 2.2 cm, 0.56 kg

'United States Migrant Interdiction and the Detention of Refugees in Guantánamo Bay is the first book devoted to the US interdiction programme. It provides a thoughtful and convincing clarification of the legal principles underpinning the MIP. Azadeh Dastyari examines the interlocking regimes of international and municipal law governing the US's interdiction of vessels and subsequent treatment of individuals seeking protection.' John Giammatteo, International Journal of Refugee Law

This book provides a thorough legal analysis of the United States Migrant Interdiction Program, examining the United States' compliance with its obligations under municipal and international law as it interdicts individuals at sea, conducts status determinations, and returns those interdicted to their home countries. This book also examines the rights of the small number of refugees and individuals at risk of torture detained in Guantánamo Bay, Cuba, awaiting resettlement in third countries. Policy-makers, students and scholars will benefit from this book's clarification of the legal obligations of nations engaged in extraterritorial status determination and detention, as well as its blueprint for compliance with international human rights and refugee law. As the first book of its kind devoted to the United States' interdiction program, this work represents an important contribution to scholarship in refugee law and policy, US constitutional law, international maritime law, and international human rights law.

1. Introduction
2. Political and historical background
3. Authority for the exercise of jurisdiction under the United States' municipal law and the international law of the sea
4. United States' obligations under international human rights and refugee law
5. Status determinations in international waters and in Guantánamo Bay, Cuba
6. Detention and related issues in Guantánamo Bay
7. Conclusion.

Subject Areas: International human rights law [LBBR], Public international law [LBB], Law [L], Human rights [JPVH]