LA SITUACIÓN DE LOS PRESOS DE GUANTÁNAMO: ENTRE LA TORTURA Y EL ESTADO DE DERECHO

Abstract

This article is about legal limits on the war on terror. First it comments decisions of the Supreme Court USA in cases Rasul, Hamdi and Padilla, and in case Hamdan about the rights of the detainees in Guantánamo to Habeas corpus and to a due process. The article takes as well a critical look at torture as a form of policy and at certain legal theories that justify political and military officials implicated in torture and abuse of those prisoners