Legal Issues Regarding Individuals Detained By The Department Of Defense As Unlawful Enemy Combatants
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Legal Issues Regarding Individuals Detained by the Department of Defense as Unlawful Enemy Combatants
Author | : United States. Congress. Senate. Committee on Armed Services |
Publsiher | : Unknown |
Total Pages | : 204 |
Release | : 2008 |
Genre | : Civil rights |
ISBN | : PSU:000063502541 |
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Implications of the Supreme Court s Boumediene Decision for Detainees at Guantanamo Bay Cuba
Author | : United States. Congress. House. Committee on Armed Services |
Publsiher | : Unknown |
Total Pages | : 120 |
Release | : 2010 |
Genre | : History |
ISBN | : UOM:39015090412613 |
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The Legal Rights of Guant namo Detainees
Author | : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Terrorism, Technology, and Homeland Security |
Publsiher | : Unknown |
Total Pages | : 254 |
Release | : 2009 |
Genre | : Detention of persons |
ISBN | : UOM:39015090408017 |
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Enemy Combatant Detainees
Author | : Jennifer K. Elsea |
Publsiher | : Unknown |
Total Pages | : 0 |
Release | : 2008 |
Genre | : Combatants and noncombatants (International law) |
ISBN | : OCLC:1050573384 |
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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.
Upholding the Principle of Habeas Corpus for Detainees
Author | : United States. Congress. House. Committee on Armed Services |
Publsiher | : Unknown |
Total Pages | : 288 |
Release | : 2009 |
Genre | : Combatants and noncombatants (International law) |
ISBN | : MINN:31951D031199300 |
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Report on the Activities of the Committee on Armed Services United States Senate
Author | : United States. Congress. Senate. Committee on Armed Services |
Publsiher | : Unknown |
Total Pages | : 56 |
Release | : 2009 |
Genre | : Military law |
ISBN | : UCR:31210022723801 |
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Report on the Activities of the Committee on Armed Services United States Senate March 3 2009 111 1 Senate Report 111 5
Author | : Anonim |
Publsiher | : Unknown |
Total Pages | : 56 |
Release | : 2009 |
Genre | : Electronic Book |
ISBN | : STANFORD:36105050508899 |
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City on the Hill Or Prison on the Bay
Author | : United States. Congress. House. Committee on Foreign Affairs. Subcommittee on International Organizations, Human Rights, and Oversight |
Publsiher | : Unknown |
Total Pages | : 336 |
Release | : 2008 |
Genre | : Combatants and noncombatants (International law) |
ISBN | : PURD:32754073527677 |
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