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

Treatment of
Author: Jennifer K. Elsea
Publisher: DIANE Publishing
Total Pages: 52
Release: 2009-12
Genre: Political Science
ISBN: 1437918409

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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.

Treatment of Battlefield Detainees in the War on Terrorism

Treatment of Battlefield Detainees in the War on Terrorism
Author: American Law Division, Jennifer K., Jennifer Elsea, Legislative Attorney, American Law Division
Publisher:
Total Pages: 60
Release: 2012-05-31
Genre:
ISBN: 9781477572276

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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.

Terrorism

Terrorism
Author:
Publisher:
Total Pages:
Release: 2002
Genre: Geneva Conventions
ISBN:

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Treatment of 'Battlefield Detainees' in the War on Terrorism

Treatment of 'Battlefield Detainees' in the War on Terrorism
Author: Jennifer K. Elsea
Publisher: DIANE Publishing
Total Pages: 59
Release: 2010-06
Genre: Political Science
ISBN: 143792722X

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Contents: (1) Current Status (as of '07); Critics¿ Views; Applicable Law; (2) The Law of War: Characterizing the Conflict; Authority to Detain during an Internat. Armed Conflict; POWs; Civilian Detainees; Unlawful Belligerents; Interp. of GPW Article 4; GPW Art. 4A(1): Does Al Qaeda Form ¿Part of¿ the Armed Forces of a Party to the Conflict?; GPW Art. 4A(2): Does Al Qaeda ¿Belong to¿ a Party to the Conflict?; The Four Criteria; Determining Status under GPW Art. 5; Detention in Non-Internat. Armed Conflicts; (3) Treat. of Detainees at Guantánamo: Interrogation; Trial and Punishment; POWs; Civilians; Unlawful Belligerents; Security Measures; Repatriation; Right to Redress; (4) Congress¿s Role: Detainee Treatment Act of '05; Military Commissions Act of '06.

The Guantánamo Effect

The Guantánamo Effect
Author: Laurel Emile Fletcher
Publisher: University of California Press
Total Pages: 228
Release: 2009-09-01
Genre: Social Science
ISBN: 0520261771

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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.

The Treatment of Prisoners

The Treatment of Prisoners
Author: Ralph D. McPhee
Publisher: Nova Publishers
Total Pages: 270
Release: 2006
Genre: History
ISBN: 9781600211447

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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.

The Enemy in Our Hands

The Enemy in Our Hands
Author: Robert C. Doyle
Publisher: University Press of Kentucky
Total Pages: 488
Release: 2010-05-14
Genre: History
ISBN: 0813139619

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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.

The Road to Abu Ghraib

The Road to Abu Ghraib
Author: James F. Gebhardt
Publisher: DIANE Publishing
Total Pages: 153
Release: 2005
Genre: Prisoners of war
ISBN: 1428910107

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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).