Detention of American citizens as enemy combatants



Publisher: Nova Science Publishers in New York

Written in English
Published: Downloads: 154
Share This

Subjects:

  • War on Terrorism, 2001- -- Law and legislation -- United States,
  • Detention of persons -- United States,
  • Prisoners of war -- United States,
  • Due process of law -- United States,
  • Combatants and noncombatants (International law)
  • Edition Notes

    Includes bibliographical references.

    StatementJennifer K. Elsea (editor).
    ContributionsElsea, Jennifer.
    Classifications
    LC ClassificationsKF9430 .D47 2008
    The Physical Object
    Paginationp. cm.
    ID Numbers
    Open LibraryOL16797739M
    ISBN 109781604567076
    LC Control Number2008016748

Indefinite Detention of US Citizens in the ""War on Terror"" Violates the Constitution. Indefinite confinement of a so-called ""enemy combatant"" without charge in a military brig violates the Constitution even in wartime. Our system of checks and balances was designed to ensure that individual liberty does not rest on the good faith of.   The detention of United States citizens arrested on American soil as enemy combatants and consequently keeping them from the usual legal protections Americans enjoy have been treated as especially. In his suit, Padilla claimed that, as a U.S. citizen captured within the United States, he was unconstitutionally designated as an "enemy combatant," and alleged a range of constitutional. As for the senator’s latest objections to law-of-war detention for enemy combatants who happen to be American citizens, they are as unconvincing in the retelling as they were when they were.

18 U.S.C. § (a) and the Detention of U.S. Citizen "Enemy Combatants" In , Congress repealed the Emergency Detention Act, part of the Internal Security Act of ,1 by writing into 18 U.S.C. § (a) the provision that "[n]o citizen shall be imprisoned or otherwise detained by the. Two weeks ago, the U.S. military received custody of an as-yet unnamed American citizen who had been captured in Syria by a Syrian Defense Force (SDF) fighter. The Pentagon soon confirmed that the person is being held in military detention as an enemy combatant, somewhere in theater, on the basis that he was a fighter for the Islamic State.   Readers and Book Lovers clauses pertaining to the "American al-Qaeda," enemy combatant issue entirely. the military detention and trial of American citizens as “unlawful combatants.   Bill Lets U.S. Citizens Be Held as Enemy Combatants The new detainee legislation passed by Congress this week addresses who can be detained as an unlawful enemy combatant and what rights they are.

  “There is no bar to this Nation’s holding one of its own citizens as an enemy combatant,” the filing read. Were al-Alwi a citizen, they argued, he “would pose the same threat of returning. American citizens were excluded from detention there. Some were nonetheless labeled enemy combatants. One -- Jose Padilla -- was arrested in the United States. Another -- Yaser Hamdi -- was. The United States plans to release an American citizen detained as an enemy combatant in Syria — a move the man's attorney said amounts to a "death warrant.". In a court document unsealed. 18 U.S.C. § (a) and the Detention of U.S. Citizen “Enemy Combatants” In , Congress repealed the Emergency Detention Act, part of the Internal Security Act of ,1 by writing into 18 U.S.C. § (a) the provision that “[n]o citizen shall be imprisoned or otherwise detained by the.

Detention of American citizens as enemy combatants Download PDF EPUB FB2

Detention of American Citizens as Enemy Combatants [Jennifer K. Elsea] on *FREE* shipping on qualifying offers. This report analyzes the authority to detain American citizens who are suspected of being members, agentsCited by: 2.

This book analyses the authority to detain American citizens who are suspected of being members, agents, or associates of Al Qaeda, the Taliban and possibly other terrorist organisations as "enemy combatants."Seller Rating: % positive.

Get this from a library. Detention of American citizens as enemy combatants. [Jennifer Elsea] -- "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.

Detention of American citizens as enemy combatants. by Jennifer K. Elsea. Nova Science Publishers 85 pages $   The Supreme Court in issued three decisions related to the detention of enemy combatants, including two that deal with U.S. citizens in military custody on American soil. In Hamdi v.

The Supreme Court in issued three decisions related to the detention of "enemy combatants," including two that deal with U.S. citizens in military custody on American soil.

In Hamdi v. Detention of American Citizens as Enemy Combatants Summary The Supreme Court in issued three decisions related to the detention of “enemy combatants,” including two that deal with U.S.

citizens in military custody on American soil. In Hamdi v. Rumsfeld, a plurality held that a U.S. citizen allegedly captured during combat in Afghanistan and incarcerated at a Navy brig in South. Cumpără cartea Detention of American Citizens as Enemy Combatants de Jennifer K.

Elsea la prețul de lei, discount 9% cu livrare prin curier oriunde în ed on: Novem   The Supreme Court ruled in that while the government has the authority to detain U.S. citizens as enemy combatants, they must be given the chance to challenge their detention. The Court also stated that U.S.

citizens held as enemy combatants must be provided due process to contest the factual basis for their detention before a neutral decision maker. When the United States executed American citizen Anwar-al-Awlaki and his son in Yemen via drone strike on Septemthe rationale for the attack was that al-Awlaki had been labeled “an unprivileged enemy belligerent.” Under the NDAA, any American citizen can now be labeled the same.

Detention of American Citizens as Enemy Combatants. By Jennifer K Elsea and American Law Division. Abstract. 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 post-9/11 detention of an American citizen captured on U.S. soil as an “enemy combatant” and the use of military forces at the border was unlawful in and would be so today.

Stanford Libraries' official online search tool for books, media, journals, databases, government documents and more. ordered the capture and detention of enemy combatants during virtually every major conflict in the Nation's history, including recent conflict Gulf Vietnams, such as, an thed Korean wars.

The practice of capturing and detaining enemy combatants is as ol itselfd as wa Se. rc Allan Rosas, The Legal Status of Prisoners of War ().

“enemy combatants” have the right to challenge their detention before a judge or other “neutral decision-maker.” The Hamdi case concerned the rights of a U.S. citizen detained as an enemy combatant, and the Court did not decide the extent to which this right also applied to noncitizens held at Guantanamo and elsewhere.

The order "legally justified" the detention using the AUMF passed in the wake of Septem(formally "The Authorization for Use of Military Force Joint Resolution" (Public Law )) and opined that a U.S.

citizen detained on U.S. soil can be classified as an enemy combatant. The matter is controversial because Paul, like much of the Left, claims it is unconstitutional: It provides for indefinite detention of American citizens if they are found to be enemy combatants.

(6) Since, under Howe, [section] (a) applies to all U.S. citizens regardless of "enemy combatant" status, (7) the only remaining issue is whether Congress authorized the detentions in question. After tracing the history of [section] (a), this Comment evaluates, and finds inadequate, the Administration's various justifications for the.

As unlawful enemy combatants, they are not entitled to constitutional protections despite their US citizenship, they say. Civil libertarians counter that under America's system of government by checks and balances, American citizens detained within US borders are entitled to.

The Department of Defense has confirmed that an (as-yet-unidentified) American citizen is being held in U.S. military custody in Syria or Iraq as an enemy combatant.

More specifically, the. internment of Japanese Americans during World War II, detentions carried out pursuant only to a presidential order.4 Today. (a) represents a bar to the Bush Administration's current policy of detaining U.S.

citizens as "enemy combatants," absent congressional authorization, without charges and without access to counsel or the courts.5 1. Rumsfeld, the plaintiff challenged the constitutionality of executive branch decisions to detain American citizens, captured abroad as enemy combatants, indefinitely.

Rumsfeld v. American citizens were excluded from detention there. and the government to eventually take citizens declared to be enemy combatants out of military custody and transfer them to federal court. Meanwhile, the hapless military commissions tied directly to Gitmo that were to replace the federal court system have yet to even begin the trials of.

(McCain, R-AZ), the Enemy Belligerent Interrogation, Detention, and Prosecution Act ofwould require an individual who is suspected of engaging in hostilities against the U.S. or its coalition partners through an act of terrorism to be placed in military custody for purposes of initial interrogation and determination of status.

determine that any person, including an American citizen, who is suspected of being a member, agent, or associate of AI Qaeda, the Taliban, or possibly any other terrorist organization, is an "enemy combatant" who can be detained in U.S.

military custody until hostilities end, pursuant to the international law of war (Dworkin ). On the more global question of whether legal authorization exists for the detention of citizen enemy combatants at all, the Fourth Circuit rejected Hamdi’s arguments that 18 U.

§(a) and Article 5 of the Geneva Convention rendered any such detentions unlawful. Detention of American Citizens In Military Facilities Violates Federal Law. The detention of American citizens as so-called ""unlawful combatants"" also violates a federal statute, 18 U.S.C.

§that explicitly prohibits indefinite detention of American citizens without charge. Rumsfeld which focused on the detention of American citizens captured in hostilities overseas and classified an enemy combatant.

At issue were the habeas corpus provisions of the Constitution and a citizen's rights to a hearing upon detention. Hamdi had been taken into U.S. custody as an enemy combatant in Afghanistan in and was being. Introduced by Senator John McCain, “Enemy Belligerent Interrogation, Detention, and Prosecution Act of ” furthers that plot, stripping rights from Americans whom bureaucrats accuse of.

In Ex Parte Quirin, U.S. 1 (), 2 of the 8 German soldiers who planned acts of sabotage within the United States claimed American citizenship. Detention of enemy combatants who are United States citizens is appropriate to protect the safety of the public and those involved in the investigation and prosecution of terrorism, to facilitate.The American Civil Liberties Union has filed a John Doe habeas petition on behalf of the still-not-identified American citizen the U.S.

military is holding as an enemy combatant in Iraq (for background, see here). The case is Doe v. Mattis, No. cv, and it was filed in federal district court in D.C.

Here is my preliminary assessment.This report analyzes the authority to detain American citizens who are suspected of being members, agents, or associates of Al Qaeda, the Taliban, or other terrorist organizations as “enemy combatants.”1 In June,the Supreme Court issued three decisions related to the detention of “enemy combatants.” In Rasul v.

Bush,2.