Advanced search Help
Searching for terms: EXACT: "CRS Report for Congress, RL31367" in: series
Clear all search criteria
Only 2/3! You are seeing results from the Public Collection, not the complete Full Collection. Sign in to search everything (see eligibility).
-
Treatment of "Battlefield Detainees" in the War on Terrorism [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 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. The 9/11 Commission recommended a common coalition approach to such detention. Congress enacted the Detainee Treatment Act of 2005 (DTA), P.L. 109-148, to establish standards for interrogation and to deny detainees access to federal courts to file habeas petitions but allow limited appeals of status determinations and final decisions of military commissions. Congress approved the Military Commissions Act of 2006 (MCA), P.L. 109-366, to authorize military commissions for the prosecution of detainees for war crimes. The Bush Administration earlier deemed all of the detainees to be 'unlawful combatants,' who may, according to Administration officials, be held indefinitely without trial or even if they are acquitted by a military tribunal. Fifteen of the detainees were designated as subject to the President's Military Order of November 13, 2001, making them eligible for trial by military commission. In answer to the Rasul decision, the Pentagon instituted Combatant Status Review Tribunals to provide a forum for detainees to challenge their status as 'enemy combatants.' The Pentagon had earlier announced a plan for annual reviews to determine whether detainees may be released without endangering national security."
Library of Congress. Congressional Research Service
Elsea, Jennifer
2007-01-23
-
Treatment of "Battlefield Detainees" in the War on Terrorism [Updated November 14, 2006]
"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. Congress enacted the Detainee Treatment Act of 2005 (DTA), P.L. 109-148, to establish standards for interrogation and to deny detainees access to federal courts to file habeas petitions but allow limited appeals of status determinations and final decisions of military commissions. Congress approved the Military Commissions Act of 2006 (MCA), P.L. 109-366, to authorize military commissions for the prosecution of detainees for war crimes. The Bush Administration earlier deemed all of the detainees to be 'unlawful combatants,' who may, according to Administration officials, be held indefinitely without trial or even if they are acquitted by a military tribunal. In answer to the Rasul decision, the Pentagon instituted Combatant Status Review Tribunals to provide a forum for detainees to challenge their status as 'enemy combatants.' The Pentagon had earlier announced a plan for annual reviews to determine whether detainees may be released without endangering national security. 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."
Library of Congress. Congressional Research Service
Elsea, Jennifer
2006-11-14
-
Treatment of 'Battlefield Detainees' in the War on Terrorism [Updated March 27, 2006]
"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. The 9/11 Commission recommended a common coalition approach to such detention. Congress enacted the Detainee Treatment Act of 2005 to establish standards for interrogation and to deny detainees access to federal courts to file habeas petitions (S.Amdt. 2524 to S. 1042, 'Graham-Levin Amendment') but allow limited appeals of status determinations and final decisions of military commissions. The Bush Administration earlier deemed all of the detainees to be 'unlawful combatants,' who may, according to Administration officials, be held indefinitely without trial or even if they are acquitted by a military tribunal. Fifteen of the detainees have been designated as subject to the President's Military Order of November 13, 2001, making them eligible for trial by military commission. In answer to the Rasul decision, the Pentagon instituted Combatant Status Review Tribunals to provide a forum for detainees to challenge their status as 'enemy combatants.' The Pentagon had earlier announced a plan for annual reviews to determine whether detainees may be released without endangering national security."
Library of Congress. Congressional Research Service
Elsea, Jennifer
2006-03-27
-
Treatment of 'Battlefield Detainees' in the War on Terrorism [Updated November 15, 2005]
"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. The 9/11 Commission recommended a common coalition approach to such detention. The Senate voted to deny detainees access to federal courts to file habeas petitions (S.Amdt. 2524 to S. 1042, 'Graham Amendment'), but to allow limited appeals...This report provides an overview of the law of war and the historical treatment of wartime detainees, in particular the U.S. practice, and describes how the detainees status might affect their rights and treatment. The report reviews the current status of detainees court cases and summarizes activity of the 108th and 109th Congress related to detention in connection with the war against terrorism. (H.R. 3038, S. 12, H.R. 2863, S. 1042, H.R. 3003)."
Library of Congress. Congressional Research Service
Elsea, Jennifer
2005-11-15
-
Treatment of 'Battlefield Detainees' in the War on Terrorism [Updated July 28, 2005]
"This report provides an overview of the law of war and the historical treatment of wartime detainees, in particular the United States' practice for determining their status, and describes how the detainees' status might affect their rights and treatment. The report also reviews the current status of petitions for habeas corpus filed on behalf of detainees held at Guantanamo Bay and summarizes activity of the 108th and 109th Congress related to detention in connection with the war against terrorism. (H.R. 3038, S. 12, H.R. 2863, S. 1042, H.R. 3003)."
Library of Congress. Congressional Research Service
Elsea, Jennifer
2005-07-08
-
Treatment of 'Battlefield Detainees' in the War on Terrorism [Updated January 13, 2005]
"This report provides an overview of the law of war and the historical treatment of wartime detainees, in particular the United States' practice for determining their status, and describes how the detainees' status might affect their rights and treatment. The report also reviews the current status of petitions for habeas corpus filed on behalf of detainees held at Guantanamo Bay and summarizes activity of the 108th Congress related to detention in connection with the war against terrorism."
Library of Congress. Congressional Research Service
Elsea, Jennifer
2005-01-13
-
Treatment of 'Battlefield Detainees' in the War on Terrorism [Updated September 17, 2003]
"This report provides an overview of the law of war and the historical treatment
of wartime detainees, in particular the United States' practice for determining their status, and describes how the detainees' status might affect their rights and treatment. The report also reviews the current status of petitions for habeas corpus filed on behalf of detainees held at Guantnamo Bay Naval Station. The report concludes with a discussion of Congress' role and legislative proposals related to detention in connection with the war against terrorism, including H.R. 1290, H.R. 1029 and title I, subtitle C of S. 22."
Library of Congress. Congressional Research Service
Elsea, Jennifer
2003-09-17
-
Treatment of 'Battlefield Detainees' in the War on Terrorism [April 11, 2002]
After earlier criticism from human rights organizations and many foreign governments regarding the determination that the Geneva Conventions of 1949 do not apply to the detainees held in Cuba, President Bush shifted position with an announcement that Taliban fighters are covered by the 1949 Geneva Conventions, while al Qaeda fighters are not. Taliban fighters are not to be treated as prisoners of war (POW), however, because they reportedly fail to meet international standards as lawful combatants. The decision is not likely to affect the treatment of any of the detainees held at the U.S. Naval Base at Guantanamo Bay, Cuba, and is not likely to quell all of the criticism. The U.N. High Commissioner on Human Rights (UNHCR) and some human rights organizations argue that all combatants captured on the battlefield are entitled to be treated as POWs until an independent tribunal has determined otherwise.
Library of Congress. Congressional Research Service
Elsea, Jennifer
2002-04-11
1
