The Detention Of Unlawful Enemy Combatants During The War On Terror
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The Detention of Unlawful Enemy Combatants During the War on Terror by Colleen E. Hardy Pdf
Today the United States is fighting a new type of non-nation state enemy, which does not behave according to historical doctrines or principles of war. Hardy examines the development of legal doctrine surrounding the management of the new enemy combatant, including the detention and prosecution of unlawful enemy combatants detained by the United States after September 11, 2001. She also reviews relevant case law addressing United States citizens detained as enemy combatants. This discussion additionally focuses on the rights and processes granted to those detained at Guantanamo Bay. Finally, she gives an historical overview of enemy combatants in previous United States wars and conflicts.
Treatment of "Battlefield Detainees" in the War on Terrorism (updated Ed. ) by Jennifer K. Elsea Pdf
In June 2004, the U.S. Supreme Court ruled that U.S. courts have jurisdiction to hear challenges on behalf of persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba, in connection with the war against terrorism. The Court overturned a ruling that no U.S. court has jurisdiction to hear petitions for habeas corpus on behalf of the detainees because they are aliens detained abroad. This report provides an overview of the law of war and the historical treatment of wartime detainees, in particular the U.S. practice; describes how the detainees¿ status might affect their rights and treatment; and summarizes activity of the 108th and 109th Congresses related to detention in connection with the war against terrorism.
Learn about Guantanamo Bay Detention Camp with iMinds insightful knowledge series. The Guantanamo Bay Detention Camp was set up by the United States Government as a detention facility for "unlawful enemy combatants" captured in the "war on terror." Opened in 2002, it is located on the US Naval Base at Guantanamo Bay in Cuba. Following the 9/11 terrorist attacks on the US, the Congress granted President Bush the authority to "use all necessary and appropriate force" against those who committed the attacks. Two months later President Bush issued an executive order, which provided that any non-citizens believed to be involved in international terrorism could be held by the US military indefinitely. iMinds brings targeted knowledge to your eReading device with short information segments to whet your mental appetite and broaden your mind.
New Kind of War - New Kind of Detention? by Dorte Hühnert Pdf
For the Bush administration 9/11 started a new kind of war. In reaction to the attacks the president and his legal advisors created the term unlawful enemy combatant in addition to the Geneva Conventions' distinction of combatants and civilians. Alluding to international law, the term suggests legality and seeks to legitimize a new kind of detention, yet leading to the torture scandal and Guantanamo Bay Detention Camp. This empirical study traces the term's development throughout the first year after 9/11 and reveals the legitimation strategies for detainee treatment of the Bush administration. (Series: Studies on Peace Research / Studien zur Friedensforschung, Vol. 19) [Subject: Politics]
Bush, the Detainees, and the Constitution by Howard Ball Pdf
Focuses on the recent "Enemy Combatant Cases" to provide a stern critique of the legal and constitutional basis for the enormous expansion of presidential power during the Bush administration's "War on Terror," and the challenges (especially in the Supreme Court) that such expansion has inspired.
The War on Terror and the Laws of War by Michael Lewis,Geoffrey Corn Pdf
When a soldier in the field of battle is under attack in a small village and comes upon a villager who could be a combatant or a civilian, what rules govern how that soldier should act? If the soldier detains the villager and determines that the villager is an unaffiliated combatant, what do the rules of detention require? In The War on Terror and the Laws of War, six legal scholars with experience as military officers bring practical wisdom to the contentious topic of applying international law to the battlefield. The authors apply their unique expertise to issues that have gained greater urgency during the United States' wars in Iraq and Afghanistan: including categorizing targets and properly detaining combatants. The modern battlefield has proven to be a difficult arena in which to apply traditional legal rules. The War on Terror and the Laws of War brings clarity to the subject with an insider's perspective.
The Necessary Evil of Preventive Detention in the War on Terror by Stephanie Cooper Blum Pdf
"This book explores the underlying rationales for preventive detention as a tool in this war on terror; analyzes the legal obstacles to creating a preventive detention regime; discusses how Israel and Britain have dealt with incapacitation and interrogation of terrorists; and compares several alternative ideas to the administration's enemy combatant policy under a methodology that looks at questions of lawfulness, the balance between liberty and security, and institutional efficiency. In the end, this book recommends using the Foreign Intelligence Surveillance Court to monitor a narrow regime of preventive detention only to be used under certain prescribed circumstances where interrogation and/or incapacitation are the justifications. This book is an essential reference for collections in American studies, political science, and national security studies."--BOOK JACKET.
Author : David K. Linnan Publisher : Bloomsbury Publishing USA Page : 407 pages File Size : 54,9 Mb Release : 2008-01-30 Category : Law ISBN : 9780275998158
Enemy Combatants, Terrorism, and Armed Conflict Law by David K. Linnan Pdf
With a renewed emphasis on national and homeland security, the United States is once again seeking to balance the needs of the state with both the rights of its citizens as well as those of other nations. This book represents an interdisciplinary approach to the legal dilemmas borne out by the war on terror-against the specific background of Afghanistan, Iraq, and this new kind of conflict. It is a strong contribution to a broader debate visible since 9/11, which will remain in the public eye for the foreseeable future. It addresses the overlap between religion, ethics, armed conflict, and law, within the context of the current conflict. While many issues in areas such as intelligence, reconciliation of civil liberties, dealing with terrorist threats, and the permissible bounds of interrogation, treatment of prisoners and laws governing armed conflict have long standing precedents under domestic and international law, this war has challenged even long standing legal interpretations. The contributors to this volume explore those precedents and contemporary challenges to them. Now that traditional wars between nation states are no longer the rule, the terrorist threat has gained credence (popularly, terrorism and its claimed breeding ground in failed states), linked in practice to issues of intervention on the territory of states harboring such groups. In military circles the idea of armed struggle between modern military forces and what were formerly called guerillas has now largely been replaced by asymmetric warfare and the concept of intelligence and preventive action interchangeably within U.S. borders and overseas. Opposing views contemplate that different-and presumably lower-legal standards may apply in internal armed conflicts. Such legal issues are visible under current circumstances of asymmetric warfare in conjunction with questions about prisoner status and detentions, including the permissible bounds of interrogation versus torture following the Abu Ghraib prison scandal in Iraq but also the treatment at the Guantanamo Bay facility of alleged Al Q'aeda captives from Afghanistan. All of the contributors in this book explore the changing circumstances against which these contentious new legal issues now unfold. The experts strike no consensus. Indeed, one of the work's many strengths can be attributed to the fact that the many facets of the ongoing debate are represented herein.
In a remote American military base at Guantanamo Bay, 385 enemy combatants sit waiting for their day in court. Among them is David Hicks, who was detained for five years until the March 2007 hearing where he pleaded guilty to the charge of providing material support for terrorism. Detainee 002 reveals in unprecedented detail how an Australian citizen wound up in the War on Terror. Based on more than five years of reporting and dozens of interviews with insiders, Leigh Sales explains the intricacies of Hicks's case, from his capture in Afghanistan, to life in Guantanamo Bay, to the behind-the-scene establishment and workings of the military commissions. Sales' impeccable research takes us from top-secret negotiations at the White House and Pentagon to the domestic fallout Hicks's incarceration has had on his family, to the campaign that Major Michael Mori, the marine who becomes his greatest advocate, waged on his behalf. David Hicks's case is emblematic of some of the greatest challenges facing the world today: the rise of Islamic extremism, terrorism and the accountability of governments towards their citizens. It is a chilling reminder that, in a war with ever-changing rules and no end in sight, there are no limits.
The U.S.’s use of torture in the War on Terror by Jeremy Raguain Pdf
Research Paper (undergraduate) from the year 2016 in the subject Politics - Region: USA, grade: 77.00%, University of Cape Town, course: Conflict in World Politics, language: English, abstract: The U.S.’s War on Terror has generated and continues to engender a great deal of international and domestic condemnation. This essay consequently analyses one of the most controversial and insidious repercussions of the ‘War on Terror’: the U.S.’s use of torture on terrorist suspects. Ultimately, this paper argues that torture as a counter-terrorism tactic was an ill-conceived act of desperation that violated human rights, damaged the U.S. government’s integrity and potentially increased terrorism. For this reason, the U.S.’s choice of torture is argued to be the basest of its mistakes in its War on Terror. Thus, this discussion focuses on the emergence of Enhanced Interrogation Techniques, cases of torture at Guantanamo Bay, the indefensibility of torture and the irreconcilable consequences of state sponsored torture. To substantiate its main arguments, this analysis draws on the International Committee of the Red Cross Report On The Treatment Of Fourteen High Value Detainees In CIA Custody and reports from the Select Senate Committee on Intelligence.
Guantánamo Bay and Military Tribunals by Bill Scheppler Pdf
Looks at the role of the detention center called Camp Delta at Guantâanamo Bay, Cuba in the United States' war on terror, discussing such issues as the difference between prisoners of war and enemy combatants, the Geneva Convention, and the life of a detainee.
Detention of Terrorism Suspects by Maureen Duffy Pdf
Controversial erosions of individual liberties in the name of anti-terrorism are ongoing in liberal democracies. The focus of this book is on the manner in which strategic discourse has been used to create accepted political narratives. It specifically links aspects of that discourse to problematic and evolving terrorism detention practices that happen outside of traditional criminal and wartime paradigms, with examples including the detentions at Guantanamo Bay and security certificates in Canada. This book suggests that biased political discourse has, in some respects, continued to fuel public misconceptions about terrorism, which have then led to problematic legal enactments, supported by those misconceptions. It introduces this idea by presenting current examples, such as some of the language used by US President Donald Trump regarding terrorism, and it argues that such language has supported questionable legal responses to terrorism. It then critiques political arguments that began after 9/11, many of which are still foundational as terrorism detention practices evolve. The focus is on language emanating from the US, and the book links this language to specific examples of changed detention practices from the US, Canada, and the UK. Terrorism is undoubtedly a real threat, but that does not mean that all perceptions of how to respond to terrorism are valid. As international terrorism continues to grow and to change, this book offers valuable insights into problems that have arisen from specific responses, with the objective of avoiding those problems going forward.
Examines the rise of an American-run global detention system, including Guantâanamo Bay, Bagram Air Base in Afghanistan, and secret CIA jails, and discusses efforts that are being made to challenge this new prison system through habeas corpus.
Legal Issues Regarding Individuals Detained by the Department of Defense as Unlawful Enemy Combatants by United States. Congress. Senate. Committee on Armed Services Pdf
