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Legal Treatment Of Detainees Members Of Al Qaeda Held In Guantanamo Naval Base
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Book Synopsis Legal Treatment of Detainees. Members of Al-Qaeda held in Guantanamo Naval Base by : Marina Fernandez Arroyo
Download or read book Legal Treatment of Detainees. Members of Al-Qaeda held in Guantanamo Naval Base written by Marina Fernandez Arroyo and published by GRIN Verlag. This book was released on 2017-03-01 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2016 in the subject Politics - Topic: Public International Law and Human Rights, grade: 5.5/6, , language: English, abstract: After the terrorist attacks against the United States on September 11, 2001, two United Nations Security Council resolutions (resolutions 1368 and 1373) acknowledged the right to self-defence of the US following article 51 of the UN Charter. The US requested the Taliban regime's (the government at the time in Afghanistan) assistance to capture Al-Qaeda, whose main infrastructure was established in the country. The refusal of the Taliban resulted in an international armed conflict (hereinafter IAC) against Afghanistan, being that the Taliban were the de facto government hosting terrorists, and against Al-Qaeda that was de facto under effective control of the Taliban. As a result, during the conflict, members of the Taliban regime and Al-Qaeda were detained sharing the same fate, indefinite detention in Guantanamo.
Book Synopsis Treatment of "Battlefield Detainees" in the War on Terrorism (updated Ed. ) by : Jennifer K. Elsea
Download or read book Treatment of "Battlefield Detainees" in the War on Terrorism (updated Ed. ) written by Jennifer K. Elsea and published by DIANE Publishing. This book was released on 2009-12 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Guańtanamo Bay Detainees by : Pamela M. Von Ness
Download or read book Guańtanamo Bay Detainees written by Pamela M. Von Ness and published by . This book was released on 2003 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the decision to transfer Al Qaeda and Taliban captives to detention facilities at Guantanamo Bay Naval Base, Cuba, the Pentagon headed into legally uncharted territory. The United States has neither recognized the detainees as prisoners of war, nor have they been charged with any crime. Consequently, unanswered questions regarding their legal status and continued incarceration have drawn heated criticism from human rights organizations world- wide. Although senior defense officials are working to develop an appropriate long-term plan, they will likely confront further legal challenges involving military tribunals and the eventual reclassification of some detainees as bona fide prisoners of war. The one certainty is that the military has undertaken an unprecedented prisoner operation with an undetermined end-state.
Book Synopsis Guantanamo Bay and Human Rights. The Legal Status of Guantanamo Bay Detainees by : Susan Bailey
Download or read book Guantanamo Bay and Human Rights. The Legal Status of Guantanamo Bay Detainees written by Susan Bailey and published by GRIN Verlag. This book was released on 2018-02-28 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2018 in the subject Sociology - Law and Delinquency, grade: 78, University of Hull (University Cente Grimsby), course: Criminological studies with social sciences, language: English, abstract: This case study will evaluate the legal status of the Guantanamo Bay detainees, evaluating their legal status on both an international and a domestic level. This case study also gives background into the conditions within Guantanamo Bay.
Book Synopsis The Guantánamo Effect by : Laurel Emile Fletcher
Download or read book The Guantánamo 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.
Book Synopsis Closing the Guantanamo Detention Center: Legal Issues by : Michael Garcia
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.
Author :Council of Europe. Parliamentary Assembly Publisher :Council of Europe ISBN 13 :9789287162946 Total Pages :118 pages Book Rating :4.1/5 (629 download)
Book Synopsis Guantánamo by : Council of Europe. Parliamentary Assembly
Download or read book Guantánamo written by Council of Europe. Parliamentary Assembly and published by Council of Europe. This book was released on 2007-01-01 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Parliamentary Assembly of the Council of Europe has unanimously condemned the violation of the human rights of the prisoners held by the United States at the Guântanamo detention centre in Cuba, and it has demanded the closure of the base. This publication sets out the Assembly's arguments in this matter, along with the study by the European Commission for Democracy through Law as to the lawfulness of the base and whether there is a need for a change in international law to strengthen the Geneva Conventions.
Book Synopsis Closing the Guantanamo Detention Center by : Michael John Garcia
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.
Book Synopsis The Guantánamo Lawyers by : Mark P. Denbeaux
Download or read book The Guantánamo Lawyers written by Mark P. Denbeaux and published by NYU Press. This book was released on 2011-03-04 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the terrorist attacks of September 11, 2001, the United States imprisoned more than 750 men at its naval base at Guantánamo Bay, Cuba. The detainees, ranging from teenagers to elderly men from over forty different countries, were held for years without charges, trial, or a fair hearing. Without any legal status or protection, they were truly outside the law: imprisoned in secret, denied communication with their families, and subjected to extreme isolation, physical and mental abuse, and, in some instances, torture. These are the detainees' stories, told by their lawyers because the prisoners themselves were silenced. It took lawyers who had filed habeas corpus petitions over two years to finally gain the right to visit and talk to their clients at Guantánamo. Even then, lawyers worked under severe restrictions, designed to inhibit communication and maximize secrecy. Eventually, however, lawyers did meet with their clients. This book contains over 100 personal narratives from attorneys who have represented detainees held at Guantánamo as well as at other overseas prisons, from Bagram Air Base in Afghanistan to secret CIA jails or "black sites."
Author :American Law Division, Jennifer K., Jennifer Elsea, Legislative Attorney, American Law Division Publisher : ISBN 13 :9781477572276 Total Pages :60 pages Book Rating :4.5/5 (722 download)
Book Synopsis Treatment of Battlefield Detainees in the War on Terrorism by : American Law Division, Jennifer K., Jennifer Elsea, Legislative Attorney, American Law Division
Download or read book Treatment of Battlefield Detainees in the War on Terrorism written by American Law Division, Jennifer K., Jennifer Elsea, Legislative Attorney, American Law Division and published by . This book was released on 2012-05-31 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: In June 2004, the U.S. Supreme Court ruled in Rasul v. Bush 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, but left questions involving prisoners' rights and status unanswered.
Book Synopsis Wartime Detention Provisions in Recent Defense Authorization Legislation by : Congressional Research Service
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.
Book Synopsis Judicial Activity Concerning Enemy Combatant Detainees by : Jennifer K. Elsea
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.
Book Synopsis Enemy Combatant Detainees by : Jennifer K. Elsea
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.
Book Synopsis The Guantanamo Effect by : Laurel Emile Fletcher
Download or read book The Guantanamo Effect written by Laurel Emile Fletcher and published by Univ of California Press. This book was released on 2009-09-01 with total page 229 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.
Book Synopsis Military Commissions Act and the Continued Use of Guantanamo Bay as a Detention Facility by : United States. Congress. House. Committee on Armed Services
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:
Book Synopsis Basic Documents about the Treatment of the Detainees at Guantánamo and Abu Ghraib by : W. Frederick Zimmerman
Download or read book Basic Documents about the Treatment of the Detainees at Guantánamo and Abu Ghraib written by W. Frederick Zimmerman and published by Nimble Books LLC. This book was released on 2004 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Read This Book If: You are interested in understanding the treatment of detainees at Guantánamo Bay during the war on terror that began 9/11/2001 and the prisoner abuse scandal at Abu Ghraib following the U.S. invasion of Iraq. The book contains six basic substantive documents which provide essential information and context: * Major General Antonio M. Taguba's summary of his initial investigation of reported abuses at Abu Ghraib (the "Taguba Report"); * The Geneva Convention Relative to the Treatment of Prisoners of War; * The Geneva Convention Relative to the Protection of Civilian Persons in Time of War; * The opinions by the Supreme Court of the United States in Rasul v. Bush; * The opinions by the Supreme Court of the United States in Hamdi v. Rumsfeld; and * The opinions by the Supreme Court of the United States in Rumsfeld v. Padilla. Every citizen of the United States and the world should read these documents in their entirety. Every library should have a copy of this book.
Download or read book Guantanamo written by Michael Ratner and published by Chelsea Green Publishing. This book was released on 2004 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looks at the Guantánamo Bay Naval Base in Cuba and the people being held there by the United States.
