Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
Download Us Detainees And Enemy Belligerents full books in PDF, epub, and Kindle. Read online Us Detainees And Enemy Belligerents ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author : Jennifer K. Elsea
Publisher :
ISBN 13 : 9781116260786
Total Pages : 54 pages
Book Rating : 4.2/5 (67 download)
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:
Author : Jennifer K. Elsea
Publisher : CreateSpace
ISBN 13 : 9781497379381
Total Pages : 56 pages
Book Rating : 4.3/5 (793 download)
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.
Author : Jennifer Elsea
Publisher : Nova Publishers
ISBN 13 : 9781590337691
Total Pages : 68 pages
Book Rating : 4.3/5 (376 download)
Download or read book Treatment of "battlefield" Detainees in the War on Terrorism written by Jennifer Elsea and published by Nova Publishers. This book was released on 2003 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: After earlier criticism from human rights organizations and many foreign governments regarding the determination that the Geneva Conventions of 1949 do not apply to the detainees held in Cuba, President Bush shifted position with an announcement that Taliban fighters are covered by the 1949 Geneva Conventions, while al Qaeda fighters are not. Taliban fighters are not to be treated as prisoners of war (POW), however, because they reportedly fail to meet international standards as lawful combatants The decision is not likely to affect the treatment of any of the detainees held at the U.S. Naval Base at Guant namo Bay, Cuba, and is not likely to quell all of the criticism. While earlier reports that the detainees were being treated inhumanely appear to be unfounded, some allied countries and human rights organizations are criticizing the President's decision as relying on an inaccurate interpretation of the Geneva Convention for the Treatment of Prisoners of War (GPW). The U.N. High Commissioner on Human Rights (UNHCR) and some human rights organizations argue that all combatants captured on the battlefield are entitled to be treated as POWs until an independent tribunal has determined otherwise. The Organization of American States Inter-American Commission has ordered the United States to take "urgent measures" to establish the legal status of the detainees.
Author : Gale A. Lewis
Publisher : Nova Science Publishers
ISBN 13 : 9781620814277
Total Pages : 0 pages
Book Rating : 4.8/5 (142 download)
Download or read book U.S. Detainees and Enemy Belligerents written by Gale A. Lewis and published by Nova Science Publishers. This book was released on 2012 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 analyses the existing law and authority to detain U.S. persons, who are suspected of being members, agents or associated of Al Qaeda or possibly other terrorist organisations as "enemy combatants." This book also offers a brief background of the salient issues raised by the detainee provisions of the FY2012 NDAA and provides a section-by-section analysis; and discusses major judicial opinions concerning suspected enemy belligerents detained in the conflict with Al Qaeda and the Taliban.
Author : Jennifer Elsea
Publisher :
ISBN 13 :
Total Pages : 49 pages
Book Rating : 4.:/5 (775 download)
Download or read book Detention of U.S. Persons as Enemy Belligerents written by Jennifer Elsea and published by . This book was released on 2012 with total page 49 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 to Use 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."
Author : Jennifer K Elsea
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (15 download)
Download or read book Detention of American Citizens as Enemy Combatants written by Jennifer K Elsea and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides background information regarding the cases of two U.S. citizens deemed "enemy combatants," Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. The report addresses the constitutional and statutory sources that arguably provide authority for the detention of enemy combatants, as well as those that may prevent the exercise of that power with respect to U.S. citizens. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain is necessarily implied by an authorization to use force. Finally, the report briefly analyzes the Detention of Enemy Combatants Act, H.R. 1029, which would authorize the President to detain U.S. citizens and residents who are determined to be "enemy combatants" in certain circumstances.
Author : Jennifer K. Elsea
Publisher : DIANE Publishing
ISBN 13 : 1437920136
Total Pages : 57 pages
Book Rating : 4.4/5 (379 download)
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.
Author : Jennifer K. Elsea
Publisher : DIANE Publishing
ISBN 13 : 1437931952
Total Pages : 21 pages
Book Rating : 4.4/5 (379 download)
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.
Author : Robert C. Doyle
Publisher : University Press of Kentucky
ISBN 13 : 0813139619
Total Pages : 488 pages
Book Rating : 4.8/5 (131 download)
Download or read book The Enemy in Our Hands written by Robert C. Doyle and published by University Press of Kentucky. This book was released on 2010-05-14 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Jennifer Elsea
Publisher :
ISBN 13 :
Total Pages : 18 pages
Book Rating : 4.:/5 (65 download)
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.
Author : Earl P. Bettinton
Publisher :
ISBN 13 : 9781606925546
Total Pages : 103 pages
Book Rating : 4.9/5 (255 download)
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.
Author : Jennifer Elsea
Publisher :
ISBN 13 :
Total Pages : 100 pages
Book Rating : 4.3/5 (91 download)
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.
Author : Jennifer K. Elsea
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (15 download)
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.
Author : Jonathan Hafetz
Publisher : NYU Press
ISBN 13 : 081472440X
Total Pages : 334 pages
Book Rating : 4.8/5 (147 download)
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.
Author : Jennifer Elsea
Publisher :
ISBN 13 :
Total Pages : 44 pages
Book Rating : 4.:/5 (19 download)
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.
Author : Moazzam Begg
Publisher : The New Press
ISBN 13 : 1595587330
Total Pages : 416 pages
Book Rating : 4.5/5 (955 download)
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).
Author : James F. Gebhardt
Publisher : DIANE Publishing
ISBN 13 : 1428910107
Total Pages : 153 pages
Book Rating : 4.4/5 (289 download)
Download or read book The Road to Abu Ghraib written by James F. Gebhardt and published by DIANE Publishing. This book was released on 2005 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
