Treatment of "Battlefield Detainees" in the War on Terrorism (updated Ed. )


Book Description

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.




Legal Treatment of Detainees. Members of Al-Qaeda held in Guantanamo Naval Base


Book Description

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.




The Guantánamo Effect


Book Description

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.




Guańtanamo Bay Detainees


Book Description

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.




The Treatment of Prisoners


Book Description

The United States has long adhered to the rules regarding the treatment of prisoners as set forth by the Geneva Convention. Following the terrorist attacks of 9/11, however, special prisons, such as Guantanomo Bay, Abu Ghraib, and other prisons located around the world that are referred to as dark sites were opened for the confinement and interrogation of suspected enemy combatants. Media outlets and books have partially exposed occurrences of various degrees of torture taking place in these facilities. These reports have generated a vigorous debate in the U.S. and the United Nations about the legality and morality of such treatments. This book presents recent analyses of these developments.







Judicial Activity Concerning Enemy Combatant Detainees


Book Description

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.




Detainee 002


Book Description

In a remote American military base at Guantanamo Bay, 385 enemy combatants sit waiting for their day in court. Among them is David Hicks, who was detained for five years until the March 2007 hearing where he pleaded guilty to the charge of providing material support for terrorism. Detainee 002 reveals in unprecedented detail how an Australian citizen wound up in the War on Terror. Based on more than five years of reporting and dozens of interviews with insiders, Leigh Sales explains the intricacies of Hicks's case, from his capture in Afghanistan, to life in Guantanamo Bay, to the behind-the-scene establishment and workings of the military commissions. Sales' impeccable research takes us from top-secret negotiations at the White House and Pentagon to the domestic fallout Hicks's incarceration has had on his family, to the campaign that Major Michael Mori, the marine who becomes his greatest advocate, waged on his behalf. David Hicks's case is emblematic of some of the greatest challenges facing the world today: the rise of Islamic extremism, terrorism and the accountability of governments towards their citizens. It is a chilling reminder that, in a war with ever-changing rules and no end in sight, there are no limits.