Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court [Updated June 26, 2007] [open pdf - 261KB]
From the Background: "The White House determined in February 2002 that Taliban detainees are covered under the Geneva Conventions, while Al Qaeda detainees are not, but that none of the detainees qualifies for the status of prisoner of war (POW). The Administration deemed all of them to be 'unlawful enemy combatants,' and claimed the right to detain them without trial or continue to hold them even if they are acquitted by a military tribunal. Fifteen of the detainees had been determined by the President to be subject to his military order ('MO') of November 13, 2001, making them eligible for trial by military commission. The Supreme Court, however, found that the procedural rules established by the Department of Defense to govern the military commissions were not established in accordance with the Uniform Code of Military Justice (UCMJ). The following sections trace the judicial developments with respect to the detention of alleged enemy combatants."
CRS Report for Congress, RL33180