Habeas Corpus and the Detention of Enemy Combatants in the War on Terror
NATIONAL DEFENSE UNIV WASHINGTON DC INST FOR NATIONAL STRATEGIC STUDIES
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Recognizing this threat and moving to preclude further attacks on our homeland, U.S. forces have captured enemy combatants and terrorists on battlefields in Africa and Europe, as well as in Afghanistan, Iraq, and Southwest Asia. Patterning its actions on past conflicts, the United States has determined it necessary to detain these combatants until the conclusion of hostilities, if only to preclude their return to the battlefield. Soon after the September 11 attacks, the Bush administration determined the need to establish a detention facility outside American territory at the U.S. Naval Base at Guantanamo Bay. This would permit effective detention without the legal requirement to entertain continual court suits by the detainees. Prior to this conflict, alien detainees held on foreign soil were denied access to U.S. Federal courts to contest detention habeas corpus. The spate of lawsuits and legislation arising from the detention of alien combatants at Guantanamo since 2002 has led, over the last 5 years, to refinement in the law regarding detainees and further explication of the law of habeas corpus during armed conflict. This paper explains that process.
- Sociology and Law
- Unconventional Warfare