Where is Guantánamo?

American Quarterly

Volumn 57, Issue 3, 2005, Pages 831-858

  Kaplan, Amy ^a  

^a NONE

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[No Author keywords available]

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EID: 33747600957     PISSN: 00030678     EISSN: 10806490     Source Type: Journal    
DOI: 10.1353/aq.2005.0048     Document Type: Review

References (66)

1. see also Joseph Margulies, "A Prison Beyond the Law," Virginia Quarterly Review 80.4 (fall 2004): 37-55
2. for "legal limbo," see Neil A. Lewis, "Red Cross Criticizes Indefinite Detention in Guantánamo Bay," New York Times, October 10, 2003, 1
3. for "penal colony" see Michael Ratner, "The War on Terrorism: The Guantánamo Prisoners, Military Commissions, and Torture," January 14, 2003, http:// www.humanrightsnow.org/ guantanamoprisoners.htm. (accessed July 11, 2005)
4. "Amnesty International Report 2005," speech by Irene Khanat, Foreign Press Association, May 25, 2005, at http://web.amnesty.org/library/ index/ENGPOL10014200 (accessed July 11, 2005)
5. Eric Hobsbawm, The Age of Empire, 1875-1914 (New York: Random House, 1987)
6. See Murphy, The History of Guantanamo Bay
7. For a brief review of these changing attitudes toward American imperialism, see Amy Kaplan, "Violent Belongings and the Question of Empire Today - Presidential Address to the American Studies Association, October 17, 2003," American Quarterly 56.1 (March 2004): 1-7
8. For recent books on the subject of diverse political perspectives, see Andrew Bacevich, American Empire: The Realities and Consequences of U.S. Diplomacy (Cambridge, Mass.: Harvard University Press, 2002)
9. Bacevich, The Imperial Tense: Prospects and Problems of American Empire (Chicago: Ivan R. Dee, 2003)
10. Patrick J. Buchanan, A Republic, Not an Empire: Reclaiming Americas Destiny (Washington, D.C.: Regency, 1999/2002)
11. David Harvey, The New Imperialism (New York: Oxford University Press, 2003)
12. Chalmers Johnson, The Sorrows of Empire: Militarism, Secrecy, and the End of the Republic (New York: Metropolitan Books, 2004)
13. John Newhouse, Imperial America: The Bush Assault on the World Order (New York: Knopf, 2003)
14. Joseph S. Nye, The Paradox of American Power: Why the World's Only Superpower Can't Go It Alone (New York: Oxford University Press, 2002)
15. One of the major intellectual proponents of American Empire is Niall Fergusson. See, for example, his Colossus: The Price of America's Empire (New York: Penguin, 2004)
16. See Charles A. Kupchan, The End of the American Era: U.S. Foreign Policy and the Geopolitics of the Twenty-First Century (New York: Knopf, 2002)
17. Michael Mann, Incoherent Empire (London: Verso, 2003)
18. Emmanuel Todd, After the Empire: The Breakdown of the American Order (New York: Columbia University Press, 2003)
19. Immanuel Wallerstein, The Decline of American Power (New York: New Press, 2003)
20. Max Boot, The Savage Wars of Peace: Small Wars and the Rise of American Power (New York: Basic Books, 2002), 341-42
21. and Michael Ignatieff, "Why Are Wein Iraq? (And Liberia? And Afghanistan?)," New York Times Magazine, September 7, 2003. Imperial sites conquered in 1898, such as the Phillipines and Guam, are being retooled by the military to support the current wars
22. See James Brooke, "Threats and Responses: U.S. Bases: Guam Hurt by Slump, Hopes for Economic Help From Military," New York Times Magazine, March 10, 2003, A14
23. See, for example, Diane Marie Amann, "Guantánamo," Columbia Journal of Transnational Law 42.1 (2004): 263-349
24. Ronald Dworkin, "What the Court Really Said," New York Review of Books, 51.13, August 12, 2004
25. Neal K. Katyal, "Executive and Judicial Overreaction in the Guantanamo Cases," in Cato Supreme Court Review, 2003-2004, at http://www.cato.org/pubs/scr/docs/2004/ executiveandjudicial.pdf (accessed July 11, 2005)
26. Gerald L. Neuman, "Closing the Guantánamo Loophole," Loyola Law Review 50.1 (spring 2004): 1-66
27. Kal Raustiala, "The Geography of Justice," Fordham Law Review, 73.6 (May 2005): 2501-2560
28. Michael Ratner and Ellen Ray, Guantánamo: What the World Should Know (White River Junction, Vt.: Chelsea Green, 2004)
29. Kermit Roosevelt III, "Guantánamo and the Conflict of Laws: Rasul and Beyond," University of Pennsylvania Law Review, 153 (June 2005): 2017-71. Neuman has long written of Guantánamo in the context of its imperial history, and for my understanding of its legal status, I am indebted to him. Raustiala identifies Guantánamo's imperial history as evidence of an outdated anachronistic attachment to legal spatiality
30. See, for example, Matthew Jacobson, Barbarian Virtues: The United States Encounters Foreign Peoples at Home and Abroad, 1876-1917 New York: Hill and Wang, 2000)
31. Amy Kaplan, The Anarchy of Empire in the Making of U.S. Culture (Cambridge, Mass.: Harvard University Press, 2002)
32. Melanie McAlister, Epic Encounters: Culture, Media, and U.S. Interests in the Middle East, 1945-2000 (Berkeley: University of California Press, 2001)
33. Mary Renda, Taking Haiti: Military Occupation and the Culture of U.S. Imperialism, 1915-1940 (Chapel Hill: University of North Carolina Press, 2001)
34. Neil Smith, American Empire: Roosevelt's Geographer and the Prelude to Globalization (Berkeley: University of California Press, 2003)
35. Penny Von Eschen, Race Against Empire: Black Americans and Anticolonialism, 1937-1957 (Ithaca, N.Y.: Cornell University Press, 1997)
36. This argument was prepared in "Possible Habeas Jurisdiction over Aliens Held in Guantanamo Bay, Cuba," U.S. Justice Department memo to the Department of Defense concerning the applicability of International Humanitarian Law to the prisoners in the war on terrorism, written by Deputy Assistant Attorney Generals Patrick F. Philbin and John C. Yoo, December 28, 2001, from "The Philbin/Yoo Memo," Newsweek, accessible at http://www. yirmeyahureview.com/archive/documents/prisoner_abuse/ 011228_philbinmemo.pdf (accessed July 11, 2005). See also Brief for the Respondents, Rasul v. Bush
37. The Platt Amendment, 1901, Modern History Sourcebook available at http://www.fordham.edu/halsall/ mod/1901platt.html (accessed July 11, 2005)
38. Philip Sheldon Foner, The Spanish-Cuban-American War and the Birth of American Imperialism, 1895-1902, vol. 2 (New York: Monthly Review Press, 1972), 632
39. Lease of Lands for Coaling and Naval Stations, February 23, 1903, U.S.-Cuba, Art. III, T. S. No. 418 at http://www.nsgtmo.navy.mil/gazette/ History_98-64/hisapxd.htm (accessed July 11, 2005)
40. Walter LaFeber, The New Empire: An Interpretation of American Expansion, 1860-1898 (Ithaca, N.Y.: Cornell University Press, 1963)
41. Alfred Thayer Mahan, "Conditions Determining the Naval Expansion of the United States," in Retrospect and Prospect: Studies in International Relations Naval and Political (Boston: Little, Brown, 1902), 48
42. The opening epigraph by Justice Ginsburg is followed by: "The closest would be the Canal Zone, I suppose." Although the government counsel rejected this analogy, the reference implicitly evokes another space colonized by the New Empire at the turn of the last century
43. Louis A. Perez, On Becoming Cuban: Identity, Nationality, and Culture (New York: HarperCollins, 1999), 238-42
44. Jana Lipman, "Guantanamo: Cubans, Marines, and Migrants, 1955-1965," paper presented at Global Studies Association, Brandeis University, April 2004
45. "Cuban Base Has American Flavor," Morning Call Online, January 2, 2004
46. Kathleen T. Rhem, "From Mayberry to Metropolis: Guantanamo Bay Changes," American Forces Press Service, March 3, 2005, at http://www.dod.mil/news/Mar2005/20050303_77.html (accessed July 11, 2005)
47. Paul Farmer, "Pestilence and Restraint: Guantánamo, AIDS, and the Logic of Quarantine," in Pathologies of Power: Health, Human Rights, and the New War on the Poor (Berkeley: University of California Press, 2003), 51-59
48. Lizzy Ratner, "The Legacy of Guantánamo," The Nation, July 16, 2003, at http://www.thenation.com/doc.mhtml?i=20030721&s=ratner (accessed July 11, 2005)
49. Jane Franklin, "How Did Guantánamo Become a Prison?" History News Network, April 11, 2005, at http://hnn.us/articles/ 11000.html (accessed July 11, 2005)
50. Medicine is again being used coercively in Guantánamo. The Red Cross has asserted that currently "some doctors and other medical workers at Guantánamo were participating in planning for interrogations," in what the report called "a flagrant violation of medical ethics." Neil A. Lewis, "Red Cross Finds Detainee Abuse in Guantánamo," New York Times, November 30, 2004, 1
51. Neil A. Lewis, "Interrogators Cite Doctors' Aid at Guantánamo Prison Camp," New York Times, June 24, 2005
52. Franklin, "How Did Guantánamo Become a Prison?"
53. Ratner, "The Legacy of Guantánamo."
54. The administration has not released the names or exact numbers of prisoners at Guantánamo. For the most comprehensive record, see the Web site Cageprisoners.com at http://www.cageprisoners.com/ index.php (accessed July 11, 2005)
55. Rogers Smith, "Citizenship Rights, Alien Rights, and the New American Empire," forthcoming in Radical History Review
56. See also Mark Dow, American Gulag: Inside U.S. Immigration Prisons (Berkeley: University of California Press, 2004)
57. Neuman, "Closing the Guantánamo Loophole," 42
58. For the most comprehensive examination of the Insular Cases from different perspectives, see Burnett and Marshall, eds., Foreign in a Domestic Sense
59. Efrén Rivera Ramos, "The Legal Construction of American Colonialism: The Insular Cases, 1902-1922," Revista Jurídica de la Universidad de Puerto Rico 65 (1996): 227-328
60. United States v. Verdugo-Urquidez, 494 U.S. 259, 265 (1990)
61. Rasul, 565 (Kennedy concurring)
62. On Guantánamo as an exception and its relation to the U.S. Civil War, see Scott Michaelsen and Scott Cutler Shershow, "The Guantánamo 'Black Hole': The Law of War and the Sovereign Exception," Middle East Report Online, January 11, 2004, at http://www.merip.org/mero/mero011104.html (accessed July 11, 2005)
63. Thank you to Muneer Ahmad for pointing this out; see Katyal, "Executive and Judicial Overreaction."
64. Quoted in Adam Liptak, "In First Rulings, Military Tribunals Uphold Detentions of 4," New York Times, August 14, 2004, 11
65. On the relation of the torture of prisoners at Guantánamo and Abu Ghraib to the treatment of prisoners in the U.S. prisons, see Joan Dayan, "Cruel and Unusual: The End of the Eighth Amendment," Boston Review, October/November 2004, at http://bostonreview.net/BR29.5/dayan.html (accessed July 11, 2005)
66. Response to Complaint, July 2004, 19