Download or read book Military Commissions Act and the Continued Use of Guantanamo Bay as a Detention Facility written by United States. Congress. House. Committee on Armed Services and published by . This book was released on 2008 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Military Commissions Act and the Continued Use of Guantanamo Bay As a Detention Facility written by United States House of Representatives and published by . This book was released on 2019-10-04 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Military Commissions Act and the continued use of Guantanamo Bay as a detention facility /

Download or read book Military Commissions Act and the Continued Use of Guantanamo Bay As a Detention Facility written by United States. Congress and published by Createspace Independent Publishing Platform. This book was released on 2018-01-17 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: Military Commissions Act and the continued use of Guantanamo Bay as a detention facility /

Download or read book MILITARY COMMISSIONS ACT AND THE CONTINUED USE OF GUANTANAMO BAY AS A DETENTION FACILITY HRG COM ON ARMED SVCS U S HOUSE OF REPS 110TH CONG 1ST SESSION written by United States. Congress. House. Committee on Armed Services and published by . This book was released on 2009* with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book House Hearing 110th Congress written by U. S. Government Printing Office (Gpo) and published by BiblioGov. This book was released on 2013-09 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States Government Printing Office (GPO) was created in June 1860, and is an agency of the U.S. federal government based in Washington D.C. The office prints documents produced by and for the federal government, including Congress, the Supreme Court, the Executive Office of the President and other executive departments, and independent agencies. A hearing is a meeting of the Senate, House, joint or certain Government committee that is open to the public so that they can listen in on the opinions of the legislation. Hearings can also be held to explore certain topics or a current issue. It typically takes between two months up to two years to be published. This is one of those hearings.

Download or read book Guantanamo Detention Center written by Anna C. Henning and published by DIANE Publishing. This book was released on 2010 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: The detention of alleged enemy combatants at the U.S. Naval Station in Guantanamo Bay, Cuba, has been the focus of significant legislative activity during the 111th Congress. The Supplemental Appropriations Act, 2009, enacted in June 2009, contains several provisions relevant to Guantanamo detainees. Section 319 of the act includes an ongoing reporting requirement. Section 14103 restricts the use of funds for the transfer and release of the detainees in specified circumstances. This report analyzes the relevant provisions of the Supplemental Appropriations Act, 2009, and selected legislative proposals that have been introduced in the 111th Congress.

Download or read book Closing the Guantanamo Detention Center written by Michael John Garcia and published by DIANE Publishing. This book was released on 2009 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: On Jan. 22, 2009, Pres. Barack Obama issued an Executive Order requiring the Guantanamo detention facility to be closed as soon as practicable. This report provides an overview of major legal issues likely to arise as a result of actions to close the Guantanamo detention facility. It discusses legal issues related to the transfer or release of Guantanamo detainees, the continued detention of such persons in the U.S., and the possible removal of persons brought to the U.S. Discusses constitutional issues that may arise in the criminal prosecution of detainees. Also discusses: detainees¿ right to a speedy trial, the prohibition against prosecution under ex post facto laws, and limitations upon the admissibility of hearsay and secret evidence.

Download or read book Guant namo and Beyond written by Fionnuala Ni Aoláin and published by Cambridge University Press. This book was released on 2013-08-26 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Military Commissions scheme established by President George W. Bush in November 2001 has garnered considerable controversy. In parallel with the detention facilities at Guantánamo Bay, Cuba, the creation of military courts has focused significant global attention on the use of such courts to process and try persons suspected of committing terrorist acts or offenses during armed conflict. This book brings together the viewpoints of leading scholars and policy makers on the topic of exceptional courts and military commissions with a series of unique contributions setting out the current 'state of the field'. The book assesses the relationship between such courts and other intersecting and overlapping legal arenas including constitutional law, international law, international human rights law, and international humanitarian law. By examining the comparative patterns, similarities and disjunctions arising from the use of such courts, this book also analyzes the political and legal challenges that the creation and operation of exceptional courts produces both within democratic states and for the international community.

Download or read book Law of War Detention and the President s Executive Order Establishing Periodic Review Boards for Guant namo Detainees written by United States. Congress. House. Committee on Armed Services and published by . This book was released on 2011 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Strategic Detention and Intelligence Operations written by Wade F. Dennis and published by . This book was released on 2008 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its opening in 2002, the Joint Detention Facility located at Guantanamo Bay, Cuba (GTMO) has energized a significant amount of political debate, in and outside the United States government, and around the world, as to whether or not the facility hinders United States foreign policy. The President has stated publicly he desires to "close the place down." However, the fact remains the United States and other western nations are in for a "long war" against terrorists and terrorist organizations. With that, in spite of the political debate as to its actual location, the US government must have a detention facility that provides a safe, secure, and humane environment to hold detainees captured outside of US borders and one that facilitates strategic intelligence collection until such time a decision is made to outright release those captured; release them to their country of origin or release them to a third party country. Additionally, the US needs a confinement facility to provide for long term confinement if detainees are actually found guilty before a Military Commission as outlined in the Military Commissions Act of 2006. GTMO was the correct choice in 2002 and remains the logical place to conduct these tasks today.

Download or read book Closing the Guantanamo Detention Center Legal Issues written by Michael Garcia and published by CreateSpace. This book was released on 2012-12-27 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the terrorist attacks of 9/11, Congress passed the Authorization to Use Military Force (AUMF), which granted the President the authority "to use all necessary and appropriate force against those ... [who] planned, authorized, committed, or aided the terrorist attacks" against the United States. Many persons subsequently captured during military operations in Afghanistan and elsewhere were transferred to the U.S. Naval Station at Guantanamo Bay, Cuba, for detention and possible prosecution before military tribunals. Although nearly 800 persons have been held at Guantanamo at some point since early 2002, the substantial majority of Guantanamo detainees have ultimately been transferred to another country for continued detention or release. Those detainees who remain fall into three categories: (1) persons placed in non-penal, preventive detention to stop them from rejoining hostilities; (2) persons who face or are expected to face criminal charges; and (3) persons who have been cleared for transfer or release, whom the United States continues to detain pending transfer. Although the Supreme Court ruled in Boumediene v. Bush that Guantanamo detainees may seek habeas corpus review of the legality of their detention, several legal issues remain unsettled.

Download or read book Wartime Detention Provisions in Recent Defense Authorization Legislation written by Congressional Research Service and published by CreateSpace. This book was released on 2015-01-23 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, Congress has included provisions in annual defense authorization bills addressing issues related to detainees at the U.S. Naval Station at Guantanamo Bay, Cuba, and, more broadly, the disposition of persons captured in the course of hostilities against Al Qaeda and associated forces. The National Defense Authorization Act for FY2012 (2012 NDAA; P.L. 112-81) arguably constituted the most significant legislation informing wartime detention policy since the 2001 Authorization for the Use of Military Force (AUMF; P.L. 107-40), which serves as the primary legal authority for U.S. operations against Al Qaeda and associated forces. Much of the debate surrounding passage of the 2012 NDAA centered on what appeared to be an effort to confirm or, as some observers view it, expand the detention authority that Congress implicitly granted the President via the AUMF in the aftermath of the terrorist attacks of September 11, 2001. But the 2012 NDAA addressed other issues as well, including the continued detention of persons at Guantanamo. Both the 2013 NDAA (P.L. 112-239) and the 2014 NDAA (P.L. 113-66) also contain subtitles addressing U.S. detention policy, though neither act addresses detention matters as comprehensively as did the 2012 NDAA. The FY2015 NDAA (P.L. 113-291) and the Consolidated and Further Continuing Appropriations Act, 2015 (2015 Cromnibus; P.L. 113-235), essentially maintain the status quo. The 2012 NDAA authorizes the detention of certain categories of persons and requires the military detention of a subset of them (subject to waiver); regulates status determinations for persons held pursuant to the AUMF; regulates periodic review proceedings concerning Guantanamo detainees; and continued funding restrictions on Guantanamo detainee transfers. During floor debate, significant attention centered on the extent to which the bill and existing law permit the military detention of U.S. citizens believed to be enemy belligerents, especially if arrested within the United States. The enacted version included a provision clarifying that the act's affirmation of detention authority under the AUMF is not intended to affect existing authorities relating to the detention of U.S. citizens or lawful resident aliens, or any other persons arrested in the United States. When signing the 2012 NDAA into law, President Obama stated that he would “not authorize the indefinite military detention without trial of American citizens.” The 2012 NDAA and subsequent defense authorization enactments also included provisions concerning the transfer or release of detainees currently held at Guantanamo. Both the 2012 and 2013 NDAAs extended the existing prohibition on the release of detainees into the United States for any purpose, as well as restrictions upon the transfer of such Guantanamo detainees to foreign countries. The 2014 NDAA extends the blanket prohibition on transferring Guantanamo detainees to the United States, but allows the Executive greater flexibility in determining whether to transfer detainees to foreign custody. Both policies are continued in the 2015 NDAA and the 2015 Cromnibus, and the Obama Administration has stepped up the transfer of detainees to foreign countries. This report offers a brief background of the salient issues raised by the detainee provisions of the FY2012 NDAA, provides a section-by-section analysis, and discusses executive interpretation and implementation of the act's mandatory military detention provision. It also addresses detainee provisions in the 2013 NDAA and 2014 NDAA, as well as those considered during the House and Senate deliberations of the 2015 NDAA. An earlier version of this report was entitled The National Defense Authorization Act for FY2012 and Beyond: Detainee Matters.

Download or read book Closing the Guantanamo Detention Center written by Michael John Garcia and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides an overview of major legal issues that are likely to arise as a result of executive and legislative action to close the Guantanamo detention facility. It discusses legal issues related to the transfer or release of Guantanamo detainees, the continued detention of such persons in the United States, and the possible removal of persons brought to the United States. It considers selected constitutional issues that may arise in the criminal prosecution of detainees. Issues discussed include detainees' right to a speedy trial, the prohibition against prosecution under ex post facto laws, and limitations upon the admissibility of hearsay and secret evidence in criminal cases.

Download or read book Visit to Guant namo Bay written by Great Britain: Parliament: House of Commons: Foreign Affairs Committee and published by Stationery Office. This book was released on 2007-01-21 with total page 81 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the visit by members of the Committee to the US detention centre at Guantânamo Bay in September 2006, this report considers a number of issues relating to the continued detention at the base of men classed by it as 'unlawful enemy combatants', including the treatment and legal status of detainees; judicial procedures such as combatant status review tribunals, administrative reviews and military commissions; and the future of the base. Conclusions reached include that although the facilities at Guantânamo are broadly comparable with those at Belmarsh prison (the UK's only maximum security detention facility), the conditions are not. Guantânamo scores highly on diet and on health provision; but it fails to achieve minimum UK standards on access to exercise and recreation, to lawyers, and to the outside world through educational facilities and the media. In choosing unilaterally to interpret terms and provisions of the Geneva Conventions, the United States risks undermining this important body of international law, and the Government should work with other signatories and the Red Cross to update the Conventions in a way that deals more satisfactorily with asymmetric warfare, with international terrorism, with the status of irregular combatants, and with the treatment of detainees. However, the Committee also recognises that many of those detained at the base present a real threat to public safety and that all states are under an obligation to protect their citizens and those of other countries from that threat. The international community as a whole needs to shoulder its responsibility in finding a longer-term solution, and the Government should engage actively with the US and with the international community to assist the process of closing Guantânamo as soon as may be consistent with the overriding need to protect the public from terrorist threats.

Download or read book Closing the Guantanamo Detention Center written by Michael John Garcia and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides an overview of major legal issues likely to arise in the event of executive and/or legislative action to close the Guantanamo detention facility. It discusses legal issues related to the transfer or release of Guantanamo detainees (either to a foreign country or into the United States), the continued detention of such persons in the United States, and the possible removal of persons brought to the United States. The report also discusses selected constitutional issues that may arise in the criminal prosecution of detainees, emphasizing the procedural and substantive protections that are utilized in different adjudicatory forums (I.e., federal civilian courts, court-martial proceedings, and military commissions). Issues discussed include detainees' right to a speedy trial, the prohibition against prosecution under ex post facto laws, and limitations upon the admissibility of hearsay and secret evidence in criminal cases.

Download or read book Towards the Closure of Guantanamo written by and published by . This book was released on 2015 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report addresses the human rights situation of detainees held at the U.S. Naval Base in Guantanamo Bay, Cuba, a facility that has become a symbol of abuse around the world. IACHR has closely followed the situation through different mechanisms and has repeatedly called for the immediate closure of the detention facility. As a further and hopefully final step in the monitoring of the situation, the IACHR issues this report in which it provides an assessment of the current situation from a human rights perspective as the basis to issue recommendations designed to assist the State in taking the steps necessary to close the facility. 3. The report, following a rights-based approach, focuses on three main areas of concern. First, it addresses the major issues surrounding the detainees' right to personal integrity. The report then examines the detainees' access to justice and whether the judicial remedies available are adequate and effective. This chapter also assesses how military commissions operate in practice and the important challenges faced by detainees when exercising their right to legal representation. It further addresses the exclusive application of a separate regime to foreign Muslim men, an issue that presents an apparent targeting of individuals in relation to nationality, ethnicity and religion. Finally, the report looks at the various legal and political aspects involved in taking steps toward the closure of the detention facility and acknowledges some recent steps taken by the Executive. This chapter assesses the current situation of the three categories of detainees currently held at Guantanamo: detainees cleared for transfer; detainees facing criminal charges before military commissions; and detainees designated for continued detention. The report concludes with some data that speaks for itself.

Download or read book Towards the Closure of Guantanamo written by Inter-American Commission on Human Rights and published by . This book was released on 2015 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This report addresses the human rights situation of detainees held at the U.S. Naval Base in Guantanamo Bay, Cuba, a facility that has become a symbol of abuse around the world. IACHR has closely followed the situation through different mechanisms and has repeatedly called for the immediate closure of the detention facility. As a further and hopefully final step in the monitoring of the situation, the IACHR issues this report in which it provides an assessment of the current situation from a human rights perspective as the basis to issue recommendations designed to assist the State in taking the steps necessary to close the facility. 3. The report, following a rights-based approach, focuses on three main areas of concern. First, it addresses the major issues surrounding the detainees' right to personal integrity. The report then examines the detainees' access to justice and whether the judicial remedies available are adequate and effective. This chapter also assesses how military commissions operate in practice and the important challenges faced by detainees when exercising their right to legal representation. It further addresses the exclusive application of a separate regime to foreign Muslim men, an issue that presents an apparent targeting of individuals in relation to nationality, ethnicity and religion. Finally, the report looks at the various legal and political aspects involved in taking steps toward the closure of the detention facility and acknowledges some recent steps taken by the Executive. This chapter assesses the current situation of the three categories of detainees currently held at Guantanamo: detainees cleared for transfer; detainees facing criminal charges before military commissions; and detainees designated for continued detention. The report concludes with some data that speaks for itself."--