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Historical Background and Legal Implications
From the Washington Admin. to the present, Congress and the Pres. have enacted 11 separate formal DoW against foreign nations in five different wars. ...
Trying Terrorists as War Criminals Before Military Commissions
The purpose of this report is to identify some of the legal and practical implications of treating the terrorist acts as war crimes and of applying th...
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From the Washington Administration to the present, Congress and the President have enacted 11 separate formal declarations of war against foreign nati...
Aims to identify some of the legal and practical implications of treating the terrorist acts as war crimes and of applying the law of war rather than ...
After earlier criticism from human rights organizations and many foreign governments regarding the determination that the Geneva Conventions of 1949 d...
Legal Issues
U.S. Government departments and agencies contributing to combat or stability operations overseas are relying on private firms to perform a wider scope...
The purpose of this book is to identify some of the legal and practical implications of treating the terrorist acts [of, for example, September 2001] ...
The Legal Framework
This report provides an overview of the relationship between executive and legislative authority over national security information. It summarizes the...
On November 13, 2001, President Bush signed a Military Order pertaining to the detention, treatment, and trial of certain non-citizens as part of the ...
Background and Proposed Amendments
In Nov. 2001, Pres. Bush issued a Mil. Order (MO) authorizing trial by mil. commission (MC) of certain non-citizens suspected of participating in the ...
Overview and Legal Issues
On November 13, 2001, President Bush issued a Military Order (M.O.) pertaining to the detention, treatment, and trial of certain non-citizens in the w...
Controversy continues over the appropriate role that Congress should play in regulating U.S. military operations against foreign entities. U.S. action...
Congressional Research Service, Updated January 23 2007
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...
Strategic, Operational, and Legal Considerations for Congress
The United States is relying heavily on private firms to supply a wide variety of services in Iraq, including security. Based on the information avail...
Major Court Rulings
As part of the conflict with Al Qaeda and the Taliban, the United States has captured and detained numerous persons believed to have been part of or a...
Following the terrorist attacks of 9/11, Congress passed the Authorization to Use Military Force (AUMF), which granted the President the authority "to...
The Jerusalem Passport Case
"This book analyzes the authority to detain American citizens who are suspected of being members, agents, or associates of Al Qaeda, the Taliban and p...
Habeas Corpus Challenges in Federal Court
After the U.S. Supreme Court held that U.S. courts have jurisdiction pursuant to 28 U.S.C. สน 2241 to hear legal challenges on behalf of persons detai...
A Sketch
The Posse Comitatus Act states that: Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, wil...
Current Issues and Background
The Posse Comitatus Act states that: Whoever, except in cases and under circumstances expressly authorised by the Constitution or Act of Congress, wil...
While military commission proceedings have been instituted against some suspected enemy belligerents held at Guantanamo, the Obama Administration has ...
The Department of Defense recently announced it has filed formal charges against two of the detainees held at the U.S. Naval Station at Guantanamo Bay...
Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice
This report provides an overview of major legal issues likely to arise in the event of executive and/or legislative action to close the Guantanamo det...