Last edited by Male
Tuesday, July 14, 2020 | History

8 edition of The detention of unlawful enemy combatants during the war on terror found in the catalog.

The detention of unlawful enemy combatants during the war on terror

Colleen E. Hardy

The detention of unlawful enemy combatants during the war on terror

by Colleen E. Hardy

  • 228 Want to read
  • 7 Currently reading

Published by LFB Scholarly Pub. in El Paso, Tex .
Written in English

    Subjects:
  • Terrorism -- United States -- Prevention,
  • Detention of persons -- United States,
  • National security -- Law and legislation -- United States,
  • War on Terrorism, 2001- -- Law and legislation -- United States,
  • Civil rights -- United States,
  • Combatants and noncombatants (International law)

  • Edition Notes

    Includes bibliographical references and index.

    StatementColleen E. Hardy.
    SeriesLaw and society
    Classifications
    LC ClassificationsKF9430 .H37 2008
    The Physical Object
    Paginationp. cm.
    ID Numbers
    Open LibraryOL22691066M
    ISBN 109781593323257
    LC Control Number2008047873
    OCLC/WorldCa277217725

      Eight years ago, when I wrote a book on the first days of Guantanamo, The Least Worst Place: Guantánamo’s First Days, I assumed that Gitmo would prove a grim anomaly in our history. Today, it seems as if that “detention facility” will have a far longer life than I ever imagined and that it, and everything it represents, will become a true, if grim, legacy of twenty-first-century. who the executive considers are ‘enemy combatants.’”4 On J – almost seven years after 9/11 – Attorney General Michael Mukasey argued in a speech before the American Enterprise Institute that preventive detention of terrorist suspects is an essential component of prosecuting this war on terror:File Size: KB.

    The detention of terrorists as unlawful enemy combatants during wartime has triggered many court battles regarding their legal rights under U.S. law and the power of the executive branch (i.e., the president and the agencies under his control) over detainees.   The Administration has held all of these detainees under the laws of war, but not as POWs under the Third Geneva Convention or Protected Persons under the Fourth Convention; the Administration instead has called them ”unprivileged enemy belligerents” (to be distinguished from the Bush Administration’s much maligned label of “unlawful.

    The Trump administration just classified its first American prisoner from the battlefields of Syria an “enemy combatant.” Eight years ago, when I wrote a book on the first days of Guantanamo.   The category, as used then, was meant to be sui generis and to bear no relation to “unlawful” or “lawful” enemy combatants, both granted legal protections under international law. Above.


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The detention of unlawful enemy combatants during the war on terror by Colleen E. Hardy Download PDF EPUB FB2

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 Septem She also reviews relevant case law addressing United States citizens detained as enemy combatants.

ISBN: OCLC Number: Description: ix, pages ; 23 cm. Contents: Unlawful combatants in American conflicts --United States citizen enemy combatants --Non-US The detention of unlawful enemy combatants during the war on terror book detained at Guantanamo Title.

COVID Resources. Reliable information about the coronavirus (COVID) is available from the World Health Organization (current situation, international travel).Numerous and frequently-updated resource results are available from this ’s WebJunction has pulled together information and resources to assist library staff as they consider how to handle coronavirus.

To classify them, and future attackers, as unlawful enemy combatants, permitting either indefinite “wartime” detention without trial, or detention and trial by military commission, is unwarranted when there is such a capable apparatus at the president’s fingertips to try them as terrorist criminals.

The Enemy Combatant Cases decided by the Supreme Court, Rasul v. Bush, Padilla v. Rumsfeld, and Hamdi v. Rumsfeld, (28) were collectively interpreted by many as strong judicial direction for the administration on its detainee policies.

These cases addressed both foreign detention of enemy combatants and their detention within the United States. Enemy combatant is a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict.

Usually enemy combatants are members of the armed forces of the state with which another state is at war. In the case of a civil war or an insurrection "state" may be replaced by the more general term "party to the conflict" (as described in the Geneva.

An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war or is fighting outside of internationally recognized military unlawful combatant may be detained or prosecuted under the domestic law of the detaining state for such action.

The International Committee of the Red Cross. The MCA does not explicitly address the question of detention. Yet in detaining persons as enemy combatants, the administration may point to the definition of unlawful enemy combatant under the.

Enemy Combatants & habeas corpus "Sen. Lindsey Graham (R-S.C.) sponsored an Amendment to the defense appropriations bill pending in the Senate (S.

) that would strip those designated by the Administration as enemy combatants of the ability to seek habeas review in federal courts. This is an end-run around the Supreme Court's decision in Rasul v.

Bush which held. enemy combatant: Captured fighter in a war who is not entitled to prisoner of war status because he or she does not meet the definition of a lawful combatant as established by the geneva convention ; a saboteur.

The U.S. war against Terrorism that began after the septemattacks led to the invasion of Afghanistan, the toppling of. Unlawful Enemy Combatants The lynchpin of the Bush administration's claimed authority over detainees is the category of "unlawful enemy combatants." Persons engaging in ordinary crime within the United States are entitled to be tried in civilian courts, thereby triggering the well-known protections of the Bill of Rights: right to counsel, right.

The nature of detention of ‘unlawful combatants’ under the law – administrative detention. Now that we have determined that the definition of ‘unlawful combatant’ in the law does not conflict with the two-category classification of ‘civilians’ and ‘combatants’ in international law and the case law of this court, let us turn to examine the provisions of the law that regulate.

THE INDEFINITE DETENTION OF “ENEMY COMBATANTS”: BALANCING DUE PROCESS AND NATIONAL SECURITY IN THE CONTEXT OF THE WAR ON TERROR The Association of the Bar of the City of New York Committee on Federal Courts February 6, (revised Ma ).

SADAT MACRO 9/14/ PM A PRESUMPTION OF GUILT: THE UNLAWFUL ENEMY COMBATANT AND THE U.S. WAR ON TERROR LEILA NADYA SADAT* I. INTRODUCTION Since the advent of the so-called “Global War on Terror,” the United States of America has responded to the crimes carried out on American soil that day by.

INTRODUCTION. The assignment of unlawful enemy combatant status plunges an individual into a legal limbo relieved by few rights. Although the exact range of rights under U.S. law likely depends on citizenship and place of detention,1 the Supreme Court has stated that all unlawful enemy combatants may, at a minimum, (1) be detained until the end of the conflict,2 and (2) be punished for.

Guantanamo Bay-as "unlawful combatants." This article explores the legal and political dimensions of the classifi- cation and treatment of these detainees. Detention is the custodial deprivation of liberty. Detention refers to the deprivation of liberty caused by the act of confining a person in a narrowly bounded place, under the control or with the consent of a State, or, in non-international armed conflicts, a non-State ees cannot exercise many of their freedoms, including that of leaving the place of detention at will.

The "implications" are obvious in Moazzam Begg's book Enemy Combatant: My Imprisonment at Guantánamo, Bagram and Kandahar. In it, he gives a vivid picture of the day-to-day horror of detention. On OctoCalifornia Congressman Adam Schiff introduced (44) the Detention of Enemy Combatants Act, (45) which explicitly authorizes the detention of U.S.

citizens as enemy combatants so long as they are members of al Qaeda or have willingly cooperated with a terrorist network in the planning of an attack against the United States. Enemy combatant is a term historically referring to members of the armed forces of the state with which another state is at war.

Prior tothe definition was: "Any person in an armed conflict who could be properly detained under the laws and customs of war."In the case of a civil war or an insurrection the term "enemy state" may be replaced by the more general term "Party to the conflict.

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.lawful combatants, focusing on the criteria for lawful combatancy and the rules regarding detention and punishment.

Careful study reveals that transnational terrorists will always be unlawful enemy combatants, but the issue is fact-dependent with regard to the armed forces of states that support Size: KB.Rumsfeld () (allowing detention of a U.S. citizen as an enemy combatant) and in Boumediene v.

Bush () (extending habeas protection to aliens detained as enemy combatants at Guantanamo Bay). Tyler writes exceptionally well, with a talent for gripping narration and telling detail; one finishes the book .