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Judicial Activity Concerning Enemy Combatant Detainees by Jennifer K. Elsea Pdf
The U.S. has captured and detained numerous persons believed to have been part of or assoc. with enemy forces. This report discusses major judicial opinions concerning suspected enemy belligerents detained in the conflict with Al Qaeda and the Taliban. Addresses all Supreme Court decisions concerning enemy combatants. Discusses notable circuit court opinions addressing issues of ongoing relevance to U.S. detention policy. Addresses a few notable decisions by fed. district courts that are the subject of ongoing litigation. Describes a few fed. court rulings in criminal cases involving persons who were either involved in the 9/11 attacks or were captured abroad by U.S. forces during operations against Al Qaeda, the Taliban, and assoc. entities.
Judicial Activity Concerning Enemy Combatant Detainees by Jennifer Elsea Pdf
As part of the conflict with Al Qaeda and the Taliban, the United States has captured and detained numerous persons believed to have been part of or associated with enemy forces. Over the years, federal courts have considered a multitude of petitions by or on behalf of suspected belligerents challenging aspects of U.S. detention policy. Although the Supreme Court has issued definitive rulings concerning several legal issues raised in the conflict with Al Qaeda and the Taliban, many others remain unresolved, with some the subject of ongoing litigation. This report discusses major judicial opinions concerning suspected enemy belligerents detained in the conflict with Al Qaeda and the Taliban. The report addresses all Supreme Court decisions concerning enemy combatants. It also discusses notable circuit court opinions addressing issues of ongoing relevance to U.S. detention policy. The report also addresses a few notable decisions by federal district courts that are the subject of ongoing habeas litigation. Finally, it describes a few federal court rulings in criminal cases involving persons who were either involved in the 9/11 attacks or were captured abroad by U.S. forces during operations against Al Qaeda, the Taliban, and associated entities.
Enemy Combatant Detainees by Jennifer K. Elsea Pdf
Contents: (1) Intro.; (2) Early Developments in the Detention and Trial of Enemy Combatants Captured in the ¿War on Terror¿: Rasul v. Bush; Combatant Status Review Tribunals; (3) Pre-Boumediene v. Bush Court Challenges to the Detention Policy: Khalid v. Bush; In re Guantanamo Detainee Cases; Hamdan v. Rumsfeld; Al-Marri; (4) Detainee Treatment Act of 2005 (DTA); (5) The Mil. Comm. Act of 2006 (MCA): Provisions Affecting Court Jurisdiction; Provisions Re: the Geneva Conventions; (6) Post-MCA Issues and Developments: Possible Application to U.S. Citizens; DTA Challenges to Detention; (7) Boumediene v. Bush: Constitutional Right to Habeas; Adequacy of Habeas Corpus Substitute; Implications of Boumediene; (8) Exec. Order to Close Guantanamo and Halt Mil. Commission Proceed.; (9) Redefining U.S. Detention Authority; (10) Constitutional Considerations and Options for Congress; Scope of Challenges; Congressional Authority over Fed. Courts; Separation of Powers Issues; (11) Conclusion: Nat. Def. Author. Provisions; Habeas Corpus Amend.; Bills to Regulate Detention. Figures.
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.
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.
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.
Preventive Detention of Terror Suspects by Diane Webber Pdf
Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern detention of terror suspects that might serve as a global paradigm. This book offers a comprehensive and critical analysis of the detention of terror suspects under domestic criminal law, the law of armed conflict and international human rights law. The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compares this to preventive detention under the law of armed conflict and various human rights treaties. The book demonstrates that the procedures governing the use of preventive detention are deficient in each framework and that these deficiencies often have an adverse and serious impact on the human rights of detainees, thereby delegitimizing the use of preventive detention. Based on her investigation Diane Webber puts forward a new approach to preventive detention, setting out ten key minimum criteria drawn from international human rights principles and best practices from domestic laws. The minimum criteria are designed to cure the current flaws and deficiencies and provide a base line of guidance for the many countries that choose to use preventive detention, in a way that both respects human rights and maintains security.
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 127, The Changing Nature of War, tackles how the approach to training for and fighting wars and readying national security is likely to evolve as the United States moves further into the 21st Century. Professor Douglas Lovelace, Jr. has organized and provided framing and illustrative commentary on Congressional Research Service reports, Presidential policy statements, Department of Defense strategy papers, and research reports from the U.S. Army War College's Strategic Studies Institute on contemporary national security topics as: United States war planning; the inter-related policy and force-related concerns of shifting from counterinsurgency-based efforts abroad to a focus on counterterrorism both domestically and abroad; transnational organized crime, with particular emphasis on the Mexican drug cartels operating along the U.S.-Mexico border; and the ever-expanding national security and private economic ramifications of cyberwarfare.
The Routledge Companion to Literature and Human Rights by Sophia A. McClennen,Alexandra Schultheis Moore Pdf
The Routledge Companion to Literature and Human Rights provides a comprehensive, transnational, and interdisciplinary map to this emerging field, offering a broad overview of human rights and literature while providing innovative readings on key topics. The first of its kind, this volume covers essential issues and themes, necessarily crossing disciplines between the social sciences and humanities. Sections cover: subjects, with pieces on subjectivity, humanity, identity, gender, universality, the particular, the body forms, visiting the different ways human rights stories are crafted and formed via the literary, the visual, the performative, and the oral contexts, tracing the development of the literature over time and in relation to specific regions and historical events impacts, considering the power and limits of human rights literature, rhetoric, and visual culture Drawn from many different global contexts, the essays offer an ideal introduction for those approaching the study of literature and human rights for the first time, looking for new insights and interdisciplinary perspectives, or interested in new directions for future scholarship. Contributors: Chris Abani, Jonathan E. Abel, Elizabeth S. Anker, Arturo Arias, Ariella Azoulay, Ralph Bauer, Anna Bernard, Brenda Carr Vellino, Eleni Coundouriotis, James Dawes, Erik Doxtader, Marc D. Falkoff, Keith P. Feldman, Elizabeth Swanson Goldberg, Audrey J. Golden, Mark Goodale, Barbara Harlow, Wendy S. Hesford, Peter Hitchcock, David Holloway, Christine Hong, Madelaine Hron, Meg Jensen, Luz Angélica Kirschner, Susan Maslan, Julie Avril Minich, Alexandra Schultheis Moore, Greg Mullins, Laura T. Murphy, Hanna Musiol, Makau Mutua, Zoe Norridge, David Palumbo-Liu, Crystal Parikh, Katrina M. Powell, Claudia Sadowski-Smith, Mark Sanders, Karen-Magrethe Simonsen, Joseph R. Slaughter, Sharon Sliwinski, Sidonie Smith, Domna Stanton, Sarah G. Waisvisz, Belinda Walzer, Ban Wang, Julia Watson, Gillian Whitlock and Sarah Winter.
Criminal Justice in America [2 volumes] by Carla Lewandowski,Jeff Bumgarner Pdf
This authoritative set provides a comprehensive overview of issues and trends in crime, law enforcement, courts, and corrections that encompass the field of criminal justice studies in the United States. This work offers a thorough introduction to the field of criminal justice, including types of crime; policing; courts and sentencing; landmark legal decisions; and local, state, and federal corrections systems—and the key topics and issues within each of these important areas. It provides a complete overview and understanding of the many terms, jobs, procedures, and issues surrounding this growing field of study. Another major focus of the work is to examine ethical questions related to policing and courts, trial procedures, law enforcement and corrections agencies and responsibilities, and the complexion of criminal justice in the United States in the 21st century. Finally, this title emphasizes coverage of such politically charged topics as drug trafficking and substance abuse, immigration, environmental protection, government surveillance and civil rights, deadly force, mass incarceration, police militarization, organized crime, gangs, wrongful convictions, racial disparities in sentencing, and privatization of the U.S. prison system.
TERRORISM: COMMENTARY ON SECURITY DOCUMENTS VOLUME 143 by Douglas Lovelace Jr. Pdf
Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics relating to the worldwide effort to combat terrorism, as well as efforts by the United States and other nations to protect their national security interests. Volume 143, The Evolution of the Islamic State, focuses on the U.S. response to the Islamic State (IS) both in Syria and Iraq from a foreign policy standpoint and a military strategy perspective, as well as considering the impact of the rise of IS on the broader global jihadist movement. Consideration is also given to the importance of information warfare in countering IS's worldwide recruiting efforts via the Internet. This volume also includes documents examining related issues of great importance, including a report considering IS's financing, a report on the legal issues arising in connection with U.S. military action against IS, the role of Shia warlords and militias in Iraq in opposing IS, and the lessons that can be learned from the support provided to IS by European fighters.
Terrorism: Commentary on Security Documents Volume 143 by Douglas Lovelace Pdf
Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics relating to the worldwide effort to combat terrorism, as well as efforts by the United States and other nations to protect their national security interests. Volume 143, The Evolution of the Islamic State, focuses on the U.S. response to the Islamic State (IS) both in Syria and Iraq from a foreign policy standpoint and a military strategy perspective, as well as considering the impact of the rise of IS on the broader global jihadist movement. Consideration is also given to the importance of information warfare in countering IS's worldwide recruiting efforts via the Internet. This volume also includes documents examining related issues of great importance, including a report considering IS's financing, a report on the legal issues arising in connection with U.S. military action against IS, the role of Shia warlords and militias in Iraq in opposing IS, and the lessons that can be learned from the support provided to IS by European fighters.
Declarations of War (DOW) and Authorizations for the Use of Military Force by Jennifer Elsea Pdf
From the Washington Admin. to the present, Congress and the Pres. have enacted 11 separate formal DoW against foreign nations in five different wars. This report provides historical background on the enactment of DoW and authorizations for the use of force and analyzes their legal effects under internat. and U.S. domestic law. It also sets forth their texts in two appendices. The report includes an extensive listing and summary of statutes that are triggered by a DoW, a declaration of national emergency, and/or the existence of a state of war. Also includes a summary of the congressional procedures applicable to the enactment of a DoW or authorization for the use of force and to measures under the War Powers Resolution. This is a print on demand report.
