Detainee Provisions In The National Defense Authorization Bills
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Detainee Provisions in the National Defense Authorization Bills by Jennifer K. Elsea,Michael John Garcia Pdf
This report offers a brief background of the salient issues raised by H.R. 1540 and S. 1867 regarding detention matters, provides a section-by-section analysis of the relevant subdivision of each bill, and compares the bills' approaches with respect to the major issues they address.
Wartime Detention Provisions in Recent Defense Authorization Legislation by Congressional Research Service Pdf
In recent years, Congress has included provisions in annual defense authorization bills addressing issues related to detainees at the U.S. Naval Station at Guantanamo Bay, Cuba, and, more broadly, the disposition of persons captured in the course of hostilities against Al Qaeda and associated forces. The National Defense Authorization Act for FY2012 (2012 NDAA; P.L. 112-81) arguably constituted the most significant legislation informing wartime detention policy since the 2001 Authorization for the Use of Military Force (AUMF; P.L. 107-40), which serves as the primary legal authority for U.S. operations against Al Qaeda and associated forces. Much of the debate surrounding passage of the 2012 NDAA centered on what appeared to be an effort to confirm or, as some observers view it, expand the detention authority that Congress implicitly granted the President via the AUMF in the aftermath of the terrorist attacks of September 11, 2001. But the 2012 NDAA addressed other issues as well, including the continued detention of persons at Guantanamo. Both the 2013 NDAA (P.L. 112-239) and the 2014 NDAA (P.L. 113-66) also contain subtitles addressing U.S. detention policy, though neither act addresses detention matters as comprehensively as did the 2012 NDAA. The FY2015 NDAA (P.L. 113-291) and the Consolidated and Further Continuing Appropriations Act, 2015 (2015 Cromnibus; P.L. 113-235), essentially maintain the status quo. The 2012 NDAA authorizes the detention of certain categories of persons and requires the military detention of a subset of them (subject to waiver); regulates status determinations for persons held pursuant to the AUMF; regulates periodic review proceedings concerning Guantanamo detainees; and continued funding restrictions on Guantanamo detainee transfers. During floor debate, significant attention centered on the extent to which the bill and existing law permit the military detention of U.S. citizens believed to be enemy belligerents, especially if arrested within the United States. The enacted version included a provision clarifying that the act's affirmation of detention authority under the AUMF is not intended to affect existing authorities relating to the detention of U.S. citizens or lawful resident aliens, or any other persons arrested in the United States. When signing the 2012 NDAA into law, President Obama stated that he would “not authorize the indefinite military detention without trial of American citizens.” The 2012 NDAA and subsequent defense authorization enactments also included provisions concerning the transfer or release of detainees currently held at Guantanamo. Both the 2012 and 2013 NDAAs extended the existing prohibition on the release of detainees into the United States for any purpose, as well as restrictions upon the transfer of such Guantanamo detainees to foreign countries. The 2014 NDAA extends the blanket prohibition on transferring Guantanamo detainees to the United States, but allows the Executive greater flexibility in determining whether to transfer detainees to foreign custody. Both policies are continued in the 2015 NDAA and the 2015 Cromnibus, and the Obama Administration has stepped up the transfer of detainees to foreign countries. This report offers a brief background of the salient issues raised by the detainee provisions of the FY2012 NDAA, provides a section-by-section analysis, and discusses executive interpretation and implementation of the act's mandatory military detention provision. It also addresses detainee provisions in the 2013 NDAA and 2014 NDAA, as well as those considered during the House and Senate deliberations of the 2015 NDAA. An earlier version of this report was entitled The National Defense Authorization Act for FY2012 and Beyond: Detainee Matters.
The National Defense Authorization ACT for Fy2012 and Beyond by Congressional Research Congressional Research Service Pdf
In recent years, Congress has included provisions in annual defense authorization bills addressing issues related to detainees at the U.S. Naval Station at Guantanamo Bay, Cuba, and, more broadly, the disposition of persons captured in the course of hostilities against Al Qaeda and associated forces. The National Defense Authorization Act for FY2012 arguably constituted the most significant legislation informing wartime detention policy since the 2001 Authorization for the Use of Military Force, which serves as the primary legal authority for U.S. operations against Al Qaeda and associated forces.
Wartime Detention Provisions in Recent Defense Authorization Legislation by Jennifer Elsea Pdf
This report offers a brief background of the salient issues raised by the detainee provisions of the FY2012 NDAA, provides a section-by-section analysis, and discusses executive interpretation and implementation of the act's mandatory military detention provision. It also addresses detainee provisions in the 2013 NDAA and 2014 NDAA, as well as those found in the competing House and Senate defense authorization bills for FY2015.
The Intersection of Law and War by Kristen Boon,Douglas Lovelace Pdf
Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics in the worldwide effort to combat terrorism. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), United Nations Security Council resolutions, reports and investigations by the United Nations Secretary-General and other dedicated UN bodies, and case law from the U.S. and around the globe covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 126, The Intersection of Law and War, takes a fresh look at the ways in which law and war intersect in this modern age of multifaceted and multidimensional warfare. Professor Douglas Lovelace, Jr. has organized Congressional Research Service reports and United Nations studies to discuss how U.S. law and international law bear on contemporary national security issues such as: terrorism in the context of the war powers debate; the use of drones for targeted killings; maintaining and closing the U.S. detention facility at Guantanamo Bay; and illegal border crossing into the United States.
Interrogation of Detainees by Michael J. Garcia Pdf
U.S. treatment of enemy combatants and terrorist suspects captured in Afghanistan, Iraq, and other locations has been a subject of debate, incl. whether such treatment complies with U.S. statutes and treaties. Congress approved additional guidelines concerning the treatment of detainees via the Detainee Treatment Act (DTA). Among other things, the DTA contains provisions that: (1) require DoD personnel to employ U.S. Army Field Manual guidelines while interrogating detainees; and (2) prohibit the ¿cruel, inhuman and degrading punishment of persons under the detention, custody, or control of the U.S. Gov¿t.¿ This report discusses provisions of the DTA concerning standards for the interrogation and treatment of detainees.
Terrorism: Commentary on Security Documents Index V by Douglas Lovelace Jr Pdf
Index V contains the cumulative index to the Terrorism: Commentary on Security Documents series from volume 121 to volume 140, and adds to earlier index volumes to ensure comprehensive searchability within the series. Although each volume in Terrorism: Commentary on Security Documents contains its own volume-specific index, this comprehensive index volume fully indexes the last twenty volumes in the Terrorism series, and provides far more detail than can be found in the individual volumes. The five different index formats included in this volume feature indices by subject, title, name, and year, providing readers with multiple ways to conduct research within the twenty most recently published volumes of the series.
Testimony from Members on Their National Defense Priorities for the Fiscal Year 2013 National Defense Authorization Bill by United States. Congress. House. Committee on Armed Services Pdf
Yale Law Journal: Volume 121, Number 1 - October 2011 by Yale Law Journal Pdf
One of the world's leading law journals is now available in quality ebook formats. This issue of The Yale Law Journal (the first issue of Volume 121, academic year 2011-2012) features new articles and essays on jurisprudence, tort law, and other areas of interest. Contributors include such noted scholars as Jules Coleman, Ariel Porat, and Mark Geistfeld. The issue also features student contributions on counter-terrorism and on felon disenfranchisement. Digital formatting includes linked notes and an active Table of Contents (including linked Tables of Contents for individual articles and essays), as well as linked cross-references and properly presented tables.
Journal of the House of Representatives of the United States by United States. Congress. House Pdf
Some vols. include supplemental journals of "such proceedings of the sessions, as, during the time they were depending, were ordered to be kept secret, and respecting which the injunction of secrecy was afterwards taken off by the order of the House."
Congressional Record by United States. Congress Pdf
The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)
Guantanamo Detention Center by Anna C. Henning Pdf
The detention of alleged enemy combatants at the U.S. Naval Station in Guantanamo Bay, Cuba, has been the focus of significant legislative activity during the 111th Congress. The Supplemental Appropriations Act, 2009, enacted in June 2009, contains several provisions relevant to Guantanamo detainees. Section 319 of the act includes an ongoing reporting requirement. Section 14103 restricts the use of funds for the transfer and release of the detainees in specified circumstances. This report analyzes the relevant provisions of the Supplemental Appropriations Act, 2009, and selected legislative proposals that have been introduced in the 111th Congress.