Download or read book Enemy Combatant Detainees written by Jennifer K. Elsea and published by DIANE Publishing. This book was released on 2010 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Enemy Combatant Detainees written by Earl P. Bettinton and published by . This book was released on 2009-01-01 with total page 103 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the U.S. Supreme Court held that U.S. courts have jurisdiction pursuant to 28 U.S.C. § 2241 to hear legal challenges on behalf of persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba, in connection with the war against terrorism (Rasul v. Bush), the Pentagon established administrative hearings, called "Combatant Status Review Tribunals" (CSRTs), to allow the detainees to contest their status as enemy combatants, and informed them of their right to pursue relief in federal court by seeking a writ of habeas corpus. Lawyers subsequently filed dozens of petitions on behalf of the detainees in the District Court for the District of Columbia, where district court judges reached inconsistent conclusions as to whether the detainees have any enforceable rights to challenge their treatment and detention. In December 2005, Congress passed the Detainee Treatment Act of 2005 (DTA) to divest the courts of jurisdiction to hear some detainees' challenges by eliminating the federal courts' statutory jurisdiction over habeas claims by aliens detained at Guantanamo Bay (as well as other causes of action based on their treatment or living conditions). The DTA provides instead for limited appeals of CSRT determinations or final decisions of military commissions. After the Supreme Court rejected the view that the DTA left it without jurisdiction to review a habeas challenge to the validity of military commissions in the case of Hamdan v. Rumsfeld, the 109th Congress enacted the Military Commissions Act of 2006 (MCA) (P.L. 109-366) to authorize the President to convene military commissions and to amend the DTA to further reduce access to federal courts by "alien enemy combatants," wherever held, by eliminating pending and future causes of action other than the limited review of military proceedings permitted under the DTA. In June 2008, the Supreme Court held in the case of Boumediene v. Bush that aliens designated as enemy combatants and detained at Guantanamo Bay have the constitutional privilege of habeas corpus. The Court also found that MCA § 7, which limited judicial review of executive determinations of the petitioners' enemy combatant status, did not provide an adequate habeas substitute and therefore acted as an unconstitutional suspension of the writ of habeas. The immediate impact of the Boumediene decision is that detainees at Guantanamo may petition a federal district court for habeas review of the legality and possibly the circumstances of their detention, perhaps including challenges to the jurisdiction of military commissions.
Download or read book Enemy Combatant written by Moazzam Begg and published by The New Press. This book was released on 2011-05-10 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Download or read book Judicial Activity Concerning Enemy Combatant Detainees written by Jennifer K. Elsea and published by DIANE Publishing. This book was released on 2010-08 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Enemy Combatant Detainees written by Jennifer K. Elsea and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the U.S. Supreme Court held that U.S. courts have jurisdiction pursuant to 28 U.S.C. & 2241 to hear legal challenges on behalf of persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba, in connection with the war against terrorism (Rasul v. Bush), the Pentagon established administrative hearings, called "Combatant Status Review Tribunals" (CSRTs), to allow the detainees to contest their status as enemy combatants, and informed them of their right to pursue relief in federal court by seeking a writ of habeas corpus. Lawyers subsequently filed dozens of petitions on behalf of the detainees in the District Court for the District of Columbia, where district court judges reached inconsistent conclusions as to whether the detainees have any enforceable rights to challenge their treatment and detention. In December 2005, Congress passed the Detainee Treatment Act of 2005 (DTA) to divest the courts of jurisdiction to hear some detainees' challenges by eliminating the federal courts' statutory jurisdiction over habeas claims by aliens detained at Guantanamo Bay (as well as other causes of action based on their treatment or living conditions). The DTA provided instead for limited appeals of CSRT determinations or final decisions of military commissions. After the Supreme Court rejected the view that the DTA left it without jurisdiction to review a habeas challenge to the validity of military commissions in the case of Hamdan v. Rumsfeld, the 109th Congress enacted the Military Commissions Act of 2006 (MCA) (P.L. 109-366) to authorize the President to convene military commissions and to amend the DTA to further reduce access to federal courts by "lien enemy combatants," wherever held, by eliminating pending and future causes of action other than the limited review of military proceedings permitted under the DTA.
Download or read book Enemy Combatant Detainees written by Jennifer Elsea and published by . This book was released on 2007 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the U.S. Supreme Court held that U.S. courts have jurisdiction pursuant to 28 U.S.C. ʹ 2241 to hear legal challenges on behalf of persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba, in connection with the war against terrorism (Rasul v. Bush), the Pentagon established administrative hearings, called [beta]Combatant Status Review Tribunals[gamma] (CSRTs), to allow the detainees to contest their status as enemy combatants, and informed them of their right to pursue relief in federal court by seeking a writ of habeas corpus. Lawyers subsequently filed dozens of petitions on behalf of the detainees in the District Court for the District of Columbia, where district court judges reached inconsistent conclusions as to whether the detainees have any enforceable rights to challenge their treatment and detention. It will be updated as events warrant.
Download or read book Detention of American Citizens as Enemy Combatants written by Jennifer K. Elsea and published by . This book was released on 2005 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Treatment of Battlefield Detainees in the War on Terrorism written by Jennifer K. Elsea and published by DIANE Publishing. This book was released on 2010-06 with total page 59 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents: (1) Current Status (as of '07); Critics¿ Views; Applicable Law; (2) The Law of War: Characterizing the Conflict; Authority to Detain during an Internat. Armed Conflict; POWs; Civilian Detainees; Unlawful Belligerents; Interp. of GPW Article 4; GPW Art. 4A(1): Does Al Qaeda Form ¿Part of¿ the Armed Forces of a Party to the Conflict?; GPW Art. 4A(2): Does Al Qaeda ¿Belong to¿ a Party to the Conflict?; The Four Criteria; Determining Status under GPW Art. 5; Detention in Non-Internat. Armed Conflicts; (3) Treat. of Detainees at Guantánamo: Interrogation; Trial and Punishment; POWs; Civilians; Unlawful Belligerents; Security Measures; Repatriation; Right to Redress; (4) Congress¿s Role: Detainee Treatment Act of '05; Military Commissions Act of '06.
Download or read book Judicial Activity Concerning Enemy Combatant Detainees written by Jennifer Elsea and published by . This book was released on 2010 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: As part of the conflict with Al Qaeda and the Taliban, the United States has captured and detained numerous persons believed to have been part of or associated with enemy forces. Over the years, federal courts have considered a multitude of petitions by or on behalf of suspected belligerents challenging aspects of U.S. detention policy. Although the Supreme Court has issued definitive rulings concerning several legal issues raised in the conflict with Al Qaeda and the Taliban, many others remain unresolved, with some the subject of ongoing litigation. This report discusses major judicial opinions concerning suspected enemy belligerents detained in the conflict with Al Qaeda and the Taliban. The report addresses all Supreme Court decisions concerning enemy combatants. It also discusses notable circuit court opinions addressing issues of ongoing relevance to U.S. detention policy. The report also addresses a few notable decisions by federal district courts that are the subject of ongoing habeas litigation. Finally, it describes a few federal 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 associated entities.
Download or read book Terrorists Enemy Combatant Detainees and the Judicial System written by Jian Sun and published by Nova Science Publishers. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As part of the conflict with Al Qaeda and the Taliban, the United States has captured and detained numerous persons believed to have been part of or associated with enemy forces. Over the years, federal courts have considered a multitude of petitions by or on behalf of suspected belligerents challenging aspects of U.S. detention policy. Although the Supreme Court has issued definitive rulings concerning several legal issues raised in the conflict with Al Qaeda and the Taliban, many others remain unresolved, with some the subject of ongoing litigation. This book discusses major judicial opinions concerning suspected enemy belligerents detained in the conflict with Al Qaeda and the Taliban and addresses all Supreme Court decisions concerning enemy combatants and notable circuit court opinions concerning issues of ongoing relevance to the U.S. detention policy.
Download or read book Habeas Corpus After 9 11 written by Jonathan Hafetz and published by NYU Press. This book was released on 2012-08-20 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Enemy Combatant written by David Winner and published by Tablo Pty Limited. This book was released on 2021-03-02 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: ENEMY COMBATANT is a hyper-charged misadventure driven by a young American's rage against his government. After stumbling on evidence of CIA secret prisons in Armenia and Georgia, Peter recruits an old friend to help free a dark-ops detainee -- an impossibly reckless prison-break mission, with no skills and no resources, no connection to the captured soldiers and no solid plan for getting home -- fueled by too much alcohol, a pressure-cooker marriage and the recent death of a parent. Set during the second Bush administration, ENEMY COMBATANT takes readers on a fantastical, adrenaline-packed journey from a smelter in Caucasia across the Turkish borderland to Homeland Security at JFK. Dark, comic and action-packed, ENEMY COMBATANT is the story of an aggrieved man acting out on the global stage, a raucous portrait of collateral damage from America's war on terror. "ENEMY COMBATANT covers a lot of territory, factually and metaphorically. It appropriates Americana, from road movies to virtual reality games, and provides -as the cliché goes -- 'a rollicking good time, ' while undercutting that notion entirely, as selfish, unaware, and dangerously self-serving. Sound like any country you've ever heard of? So, as I read it, this novel gathers its tropes and its metaphors as it speeds toward a kind of enlightenment for its two hazardously American male characters. It's obviously a cautionary tale and a cosmic warning. To make a bad pun: It's a take no prisoners book." - Ann Beattie, author of A Wonderful Stroke of Luck: A Novel "With his unsettling and completely original style, Winner brings together the buddy film, the war on terror and extravagant foreign settings in this novel that feels like a soon to be discovered blockbuster. Over and over, sentence by sentence we're caught off guard, leaving us in state of eerie suspense the whole book through." - Elizabeth McKenzie, author of The Portable Veblen: A Novel "David Winner's hypnotic page-turner, ENEMY COMBATANT, takes us back to the Bush era, during the Trump one. Winner's humor and agile imagination make the improbable story of two crazed Americans trying to rescue a prisoner from a CIA secret prison in Armenia both moving and believable." - Karl Geary, author of Montpelier Parade
Download or read book The Guant namo Effect written by Laurel Emile Fletcher and published by University of California Press. This book was released on 2009-09-01 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, based on a two-year study of former prisoners of the U.S. government’s detention facility at Guantánamo Bay, Cuba, reveals in graphic detail the cumulative effect of the Bush administration’s “war on terror.” Scrupulously researched and devoid of rhetoric, the book deepens the story of post-9/11 America and the nation’s descent into the netherworld of prisoner abuse. Researchers interviewed more than sixty former Guantánamo detainees in nine countries, as well as key government officials, military experts, former guards, interrogators, lawyers for detainees, and other camp personnel. We hear directly from former detainees as they describe the events surrounding their capture, their years of incarceration, and the myriad difficulties preventing many from resuming a normal life upon returning home. Prepared jointly by researchers with the Human Rights Center, University of California, Berkeley, and the International Human Rights Law Clinic, University of California, Berkeley School of Law, in partnership with the Center for Constitutional Rights, The Guantánamo Effect contributes significantly to the debate surrounding the U.S.’s commitment to international law during war time.
Download or read book Legal Issues Regarding Individuals Detained by the Department of Defense as Unlawful Enemy Combatants written by United States. Congress. Senate. Committee on Armed Services and published by . This book was released on 2008 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Detention of American Citizens as Enemy Combatants written by Jennifer Elsea and published by . This book was released on 2008 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Download or read book Bush the Detainees and the Constitution written by Howard Ball and published by . This book was released on 2007 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Detention of U S Persons As Enemy Belligerents written by Jennifer K. Elsea and published by CreateSpace. This book was released on 2014-03-18 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: The detainee provisions passed as part of the National Defense Authorization Act for FY2012, P.L. 112-81, affirm that the Authorization for Use of Military Force (AUMF), P.L. 107-40, in response to the terrorist attacks of September 11, 2001, authorizes the detention of persons captured in connection with hostilities. The act provides for the first time a statutory definition of covered persons whose detention is authorized pursuant to the AUMF.During debate of the provision, significant attention focused on the applicability of this detention authority to U.S. citizens and other persons within the United States. The Senate adopted an amendment to clarify that the provision was not intended to affect any existing law or authorities relating to the detention of U.S. citizens or lawful resident aliens, or any other persons captured or arrested in the United States. This report analyzes the existing law and authority to detain U.S. persons, including American citizens and resident aliens, as well as other persons within the United States who are suspected of being members, agents, or associates of Al Qaeda or possibly other terrorist organizations as “enemy combatants.”The Supreme Court in 2004 affirmed the President's power to detain “enemy combatants,” including those who are U.S. citizens, as part of the necessary force authorized by Congress after the terrorist attacks of September 11, 2001. Lower courts that have addressed the issue of wartime detention within the United States have reached conflicting conclusions.This report provides a background to the legal issues presented, followed by a brief introduction to the law of war pertinent to the detention of different categories of individuals. An overview of U.S. practice during wartime to detain persons deemed dangerous to the national security is presented. The report concludes by discussing Congress's role in prescribing rules for wartime detention.
