The dissertation investigates whether the US departure from the Geneva Conventions and the breach of specific international obligations has paved the way for future violations of international law. The history of the US occupation of Guantanamo Bay is reviewed with reference to their interpretation of the UN regulations. US justification for the 'war on terror' is examined; the applicability of the international principles to the Guantanamo Bay situation is argued; analysis of the current jurisdiction the United States is presented; the importance of clarifying the status of the detainees under the current military jurisdiction and criminal jurisdiction is emphasised.