International Law and Persons Detained as Unlawful Enemy Combatants During the War Against Terrorism PDF Download
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Author: Bernard Blaise Cathcart
Publisher:
ISBN:
Category :
Languages : en
Pages : 50
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Book Description
Author: Bernard Blaise Cathcart
Publisher:
ISBN:
Category :
Languages : en
Pages : 50
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Book Description
Author: Jennifer K. Elsea
Publisher: DIANE Publishing
ISBN: 1437918409
Category : Political Science
Languages : en
Pages : 52
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Book Description
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.
Author: Colleen E. Hardy
Publisher: LFB Scholarly Publishing
ISBN: 9781593325718
Category : Civil rights
Languages : en
Pages : 250
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Book Description
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.
Author: Pamela M. Stahl
Publisher:
ISBN:
Category : Combatants and noncombatants (International law)
Languages : en
Pages : 42
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Book Description
The detention of unlawful enemy combatants at Guantanamo Bay is the subject of debate both in the United States and the international community. The detention facility is criticized by those who claim the United States has undermined the rule of law by indefinitely detaining individuals without meaningful due process. Against this criticism stand those who believe the detention of terrorists found to be enemy combatants is lawful and necessary to maintain the nation's security during the war on terrorism. This civilian research paper analyzes the international and U.S. laws applicable to the detention of individuals during military operations overseas, including international treaties and U.S. federal statutes, Department of Defense rules, and U.S. federal court decisions. The paper also describes the current military commissions empowered to try detainees for war crimes. The paper concludes with several recommendations to amend the rules both for determining enemy combatant status and for trying detainees for war crimes to provide additional transparencies and protections for individual detainees. This paper does not address alleged human rights abuses at Guantanamo Bay, but only the legal and policy issues surrounding the detention and trials of individuals who are held at the detention facility.
Author: Dorte Hühnert
Publisher: LIT Verlag Münster
ISBN: 3643906900
Category : History
Languages : en
Pages : 307
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Book Description
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]
Author: Roza Pati
Publisher: BRILL
ISBN: 9047425855
Category : Law
Languages : en
Pages : 532
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Book Description
Acts of terror on a global scale are straining to the breaking point the due process guarantees of the legal systems of modern democracies. In unequalled breadth and depth, this book analyzes the rights of persons suspected of a crime, in normal times and emergencies, from the pre-trial phase to the trial and the post-trial period under all the universal and regional human rights treaty regimes, pertinent customary international law, general principles of law, international humanitarian law as well as the hybrid procedures developed by international criminal tribunals. The book then presents a detailed analysis of United States’ due process guarantees, in peacetime and in war, and the executive, legislative and judicial responses to the attacks of September 11, 2001. Professor Pati appraises the American actions in terms of international law’s due process guarantees and proposes courses of action which can better defend a public order of human dignity.
Author: Jennifer Elsea
Publisher:
ISBN:
Category : History
Languages : en
Pages : 100
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Book Description
"This book analyzes the authority to detain American citizens who are suspected of being members, agents, or associates of Al Qaeda, the Taliban and possibly other terrorist organizations as "enemy combatants.""--BOOK JACKET.
Author: Terry D. Gill
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The United States administration's policy of detaining 'unlawful enemy combatants' at the United States military base in Guantánamo Bay falls short of international and domestic law standards. The problem in the authors' view is not that the United States has decided to designate those captured on the battlefield in Afghanistan as 'unlawful combatants' who (allegedly) fall outside the scope of international humanitarian law. International humanitarian law has long recognized the existence of such a category. The problem is rather that international humanitarian law has been sporadically and selectively applied and in many respects has been ignored or violated with respect to the detainees held in Guantánamo and elsewhere within the context of the 'war on terror'. In its recent judgments in Hamdi v. Rumsfeld, Rumsfeld v. Bush and Rasul v. Bush the United States Supreme Court has not passed an unambiguous and clear judgment on the United States policy towards unlawful enemy combatants. The Court may have rejected the executive's claim that it has the authority to incarcerate people suspected of terrorist connections without any judicial review, the three decisions have not imposed on the executive a clear framework governing the detention of alleged terrorists. The Court has upheld the government's power to hold 'enemy combatants' according to standards that fall short of the requirements of the Geneva Conventions. Moreover, the due process protection granted to those challenging their status as 'enemy combatant' is so deferential to the executive that it could render review virtually insignificant.
Author: Michael Lewis
Publisher: Oxford University Press, USA
ISBN:
Category : Law
Languages : en
Pages : 272
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Book Description
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.
Author: Gregory Rose
Publisher: BRILL
ISBN: 9004310649
Category : Law
Languages : en
Pages : 451
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Book Description
Detention of Non-State Actors engaged in Hostilities: The Future Law explores legal dilemmas facing detention management during military missions overseas. Armed forces increasingly find themselves facing non-international armed conflict with non-state actors, such as insurgents, terrorists or other civilians, whom they might be permitted to kill or capture in some circumstances. The book considers the legal powers of military forces to apprehend non-State actors and to hold them in ongoing detention or to transfer them to judicial authorities for prosecution. It deals with both theoretical approaches and practical case studies concerning management and treatment of detainees. It concludes by synthesizing the options and delivering a detailed set of guidelines that are proposed as emerging norms for the detention of non-state actors in an armed conflict.
