Detention of American Citizens as Enemy Combatants PDF Download
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Author: Jennifer K. Elsea
Publisher:
ISBN: 9781116260786
Category : Aliens
Languages : en
Pages : 54
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Book Description
Author: Jennifer K. Elsea
Publisher:
ISBN: 9781116260786
Category : Aliens
Languages : en
Pages : 54
Get Book Here
Book Description
Author: Jonathan Hafetz
Publisher: NYU Press
ISBN: 081472440X
Category : Political Science
Languages : en
Pages : 334
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Book Description
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.
Author: Jennifer K. Elsea
Publisher: DIANE Publishing
ISBN: 1437931952
Category : Political Science
Languages : en
Pages : 21
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Book Description
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.
Author: Jennifer K. Elsea
Publisher:
ISBN: 9781116260786
Category : Aliens
Languages : en
Pages : 54
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Book Description
Author: United Nations. Office of the High Commissioner for Human Rights
Publisher: United Nations Publications
ISBN:
Category : Law
Languages : en
Pages : 58
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Book Description
International human rights law is founded on the premise that all persons, by virtue of their essential humanity, should enjoy all human rights. Exceptional distinctions, for example between citizens and non-citizens, can be made only if they serve a legitimate State objective and are proportional to the achievement of the objective. Non-citizens can include: migrants, refugees and asylum seekers, victims of trafficking, foreign students, temporary visitors and stateless people. This publication looks at the diverse sources of international law and emerging international standards protecting the rights of non-citizens, including international conventions and reports by UN and treaty bodies
Author: Allan A. Ryan
Publisher: University Press of Kansas
ISBN: 0700621709
Category : Law
Languages : en
Pages : 240
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Book Description
The terrorist attacks of 9/11 are indelibly etched into our cultural memory. This is the story of how the legal ramifications of that day brought two presidents, Congress, and the Supreme Court into repeated confrontation over the incarceration of hundreds of suspected terrorists and “enemy combatants” at the US naval base in Guantánamo, Cuba. Could these prisoners (including an American citizen) be held indefinitely without due process of law? Did they have the right to seek their release by habeas corpus in US courts? Could they be tried in a makeshift military judicial system? With Guantánamo well into its second decade, these questions have challenged the three branches of government, each contending with the others, and each invoking the Constitution’s separation of powers as well as its checks and balances. In The 9/11 Terror Cases, Allan A. Ryan leads students and general readers through the pertinent cases: Rasul v. Bush and Hamdi v. Rumsfeld, both decided by the Supreme Court in 2004; Hamdan v. Bush, decided in 2006; and Boumediene v. Bush, in 2008. An eloquent writer and an expert in military law and constitutional litigation, Ryan is an adept guide through the nuanced complexities of these cases, which rejected the sweeping powers asserted by President Bush and Congress, and upheld the rule of law, even for enemy combatants. In doing so, as we see clearly in Ryan's deft account, the Supreme Court's rulings speak directly to the extent and nature of presidential and congressional prerogative, and to the critical separation and balance of powers in the governing of the United States.
Author: Moazzam Begg
Publisher: The New Press
ISBN: 1595587330
Category : Biography & Autobiography
Languages : en
Pages : 418
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Book Description
When Enemy Combatant was first published in the United States in hardcover in 2006 it garnered sensational reviews, and its author was featured in the New York Times, the Los Angeles Times, on National Public Radio, and on ABC News. A second generation British Muslim, Begg had been held by the U.S. military for more than three years before being released without charge in January of 2005. His memoir is the first published account by a Guantánamo detainee of life inside the infamous prison. Writing in the Washington Post Book World, Jane Mayer described Enemy Combatant as “fascinating . . . Begg provides some ideological counterweight to the one-sided spin coming from the U.S. government. He writes passionately and personally, stripping readers of the comforting lie that somehow the detainees aren't really like us, with emotional attachments, intellectual interests and fully developed humanity.” Recommended by the Financial Times and Tikkun magazine and a ColorLines Editors' Pick of Post-9/11 Books, Enemy Combatant is “a forcefully told, up-to-the-minute political story . . . necessary reading for people on all sides of the issue” (Publishers Weekly, starred review).
Author: Neal Devins
Publisher: Oxford University Press
ISBN: 0198038224
Category : Law
Languages : en
Pages : 316
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Book Description
Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.
Author: A. Naomi Paik
Publisher: UNC Press Books
ISBN: 1469626322
Category : History
Languages : en
Pages : 332
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Book Description
In this bold book, A. Naomi Paik grapples with the history of U.S. prison camps that have confined people outside the boundaries of legal and civil rights. Removed from the social and political communities that would guarantee fundamental legal protections, these detainees are effectively rightless, stripped of the right even to have rights. Rightless people thus expose an essential paradox: while the United States purports to champion inalienable rights at home and internationally, it has built its global power in part by creating a regime of imprisonment that places certain populations perceived as threats beyond rights. The United States' status as the guardian of rights coincides with, indeed depends on, its creation of rightlessness. Yet rightless people are not silent. Drawing from an expansive testimonial archive of legal proceedings, truth commission records, poetry, and experimental video, Paik shows how rightless people use their imprisonment to protest U.S. state violence. She examines demands for redress by Japanese Americans interned during World War II, testimonies of HIV-positive Haitian refugees detained at Guantanamo in the early 1990s, and appeals by Guantanamo's enemy combatants from the War on Terror. In doing so, she reveals a powerful ongoing contest over the nature and meaning of the law, over civil liberties and global human rights, and over the power of the state in people's lives.
Author: Eric M. Freedman
Publisher: NYU Press
ISBN: 0814728367
Category : Law
Languages : en
Pages : 253
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Book Description
Habeas Corpus is the process by which state prisoners—particularly those on death row—appeal to federal courts to have their convictions overturned. Its proper role in our criminal justice system has always been hotly contested, especially in the wake of 1996 legislation curtailing the ability of prisoners to appeal their sentences. In this timely volume, Eric M. Freedman reexamines four of the Supreme Court’s most important habeas corpus rulings: one by Chief Justice John Marshall in 1807 concerning Aaron Burr’s conspiracy, two arising from the traumatic national events of the 1915 Leo Frank case and the 1923 cases growing out of murderous race riots in Elaine County, Arkansas, and one case from 1953 that dramatized some of the ugliest features of the Southern justice of the period. In each instance, Freeman uncovers new original sources and tells the stories of the cases through such documents as the Justices’ draft opinions and the memos of law clerk William H. Rehnquist. In bracing and accessible language, Freedman then presents an interpretation that rewrites the conventional view. Building on these results, he challenges legalistic limits on habeas corpus and demonstrates how a vigorous writ is central to implementing the fundamental conceptions of individual liberty and constrained government power that underlie the Constitution.
