Habeas Corpus After 9/11

Habeas Corpus After 9/11 PDF 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.

Habeas Corpus After 9/11

Habeas Corpus After 9/11 PDF 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.

Detention of American Citizens as Enemy Combatants

Detention of American Citizens as Enemy Combatants PDF Author: Jennifer K. Elsea
Publisher:
ISBN: 9781116260786
Category : Aliens
Languages : en
Pages : 54

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Book Description


Enemy Combatant Detainees

Enemy Combatant Detainees PDF Author: Jennifer K. Elsea
Publisher: DIANE Publishing
ISBN: 1437920136
Category : Political Science
Languages : en
Pages : 57

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Book Description
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.

Judicial Activity Concerning Enemy Combatant Detainees

Judicial Activity Concerning Enemy Combatant Detainees PDF 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.

Enemy Combatant

Enemy Combatant PDF 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).

The Enemy in Our Hands

The Enemy in Our Hands PDF Author: Robert C. Doyle
Publisher: University Press of Kentucky
ISBN: 0813125898
Category : History
Languages : en
Pages : 491

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Book Description
Revelations of abuse at Baghdad's Abu Ghraib prison and the U.S. detention camp at Guantánamo Bay had repercussions extending beyond the worldwide media scandal that ensued. The controversy surrounding photos and descriptions of inhumane treatment of enemy prisoners of war, or EPWs, from the war on terror marked a watershed momentin the study of modern warfare and the treatment of prisoners of war. Amid allegations of human rights violations and war crimes, one question stands out among the rest: Was the treatment of America's most recent prisoners of war an isolated event or part of a troubling and complex issue that is deeply rooted in our nation's military history?Military expert Robert C. Doyle's The Enemy in Our Hands: America's Treatment of Prisoners of War from the Revolution to the War on Terror draws from diverse sources to answer this question. Historical as well as timely in its content, this work examines America's major wars and past conflicts -- among them, the American Revolution, the Civil War, World Wars I and II, and Vietnam -- to provide understanding of the UnitedStates' treatment of military and civilian prisoners. The Enemy in Our Hands offers a new perspective of U.S. military history on the subject of EPWs and suggests that the tactics employed to manage prisoners of war are unique and disparate from one conflict tothe next. In addition to other vital information, Doyle provides a cultural analysis and exploration of U.S. adherence to international standards of conduct, including the 1929 Geneva Convention in each war. Although wars are not won or lost on the basis of how EPWs are treated, the treatment of prisoners is one of the measures by which history's conquerors are judged.

The Battle Behind the Wire

The Battle Behind the Wire PDF Author: Cheryl Benard
Publisher: Rand Corporation
ISBN: 0833051946
Category : History
Languages : en
Pages : 128

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Book Description
This report finds parallels in U.S. prisoner and detainee operations in World War II, Korea, Vietnam, and Iraq. It recommends that detailed doctrine should be in place prior to detention and that detainees should be interviewed when first detained.

The Rights of Non-citizens

The Rights of Non-citizens PDF 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

Rightlessness

Rightlessness PDF 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.

The Road to Abu Ghraib

The Road to Abu Ghraib PDF Author: James F. Gebhardt
Publisher: DIANE Publishing
ISBN: 1428910107
Category : Prisoners of war
Languages : en
Pages : 153

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Book Description
The 2004 revelations of detainee maltreatment at the Abu Ghraib prison outside of Baghdad, Iraq have led to an exhaustive overhaul of Army doctrine and training with respect to this topic. The Army has identified disconnects in its individual, leader, and collective training programs, and has also identified the absence of a deliberate, focused doctrinal crosswalk between the two principal branches concerned with detainees, Military Intelligence (MI) and Military Police (MP). These problems and their consequences are real and immediate. The perceptions of just treatment held by citizens of our nation and, to a great extent the world at large, have been and are being shaped by the actions of the US Army, both in the commission of detainee maltreatment but also, and more importantly, in the way the Army addresses its institutional shortcomings. This study examines the relationship over time between doctrine in two branches of the Army Military Police (MP) and Military Intelligence (MI) and the Geneva Convention Relative to the Treatment of Prisoners of War (GPW). Specifically, it analyzes the MP detention field manual series and the MI interrogation field manual series to evaluate their GPW content. It also further examines the relationship of military police and military intelligence to each other in the enemy prisoner-of-war (EPW) and detainee operations environment, as expressed in their doctrinal manuals. Finally, the study looks at the Army's experience in detainee operations through the prism of six conflicts or contingency operations: the Korean War, Vietnam, Operation URGENT FURY (Grenada, 1983), Operation JUST CAUSE (Panama, 1989), Operation DESERT STORM (Iraq, 1991), and Operation UPHOLD DEMOCRACY (Haiti, 1994).