When the War Doesn't End: Detainees in Legal Limbo

Abstract

Over a decade after the terrorist attacks of September 11, "War on Terror" legislation still has the power to allow both American and foreign citizens to be detained anywhere in the world without charge or trial, and to be held indefinitely if they are suspected of having ties to terrorism. On April 25, the U.S. Supreme Court decided not to review Hedges v. Obama, a case that challenged the judicial precedents on which such security detentions are based. In so doing, the Supreme Court lost a historic opportunity to set the record straight on how long and under what circumstances post-9/11 detainees may be held. The case, filed just before Christmas, asked the Supreme Court to make a final decision on whether U.S. citizens and others can be held indefinitely without charge or trial by the U.S. military. The case had been bounced around in the lower courts for two years.

Open PDF

Document Details

Document Type
Technical Report
Publication Date
May 01, 2014
Accession Number
AD1015123

Entities

People

  • Chad Austin
  • Sarah Lohmann

Organizations

  • United States Air Force Academy

Tags

Communities of Interest

  • Ground and Sea Platforms

DTIC Thesaurus Topics

  • Air Force
  • Civil Rights
  • Congress
  • Department Of Defense
  • Department Of State
  • Geneva Conventions
  • Governments
  • Human Rights
  • International Law
  • International Organizations
  • International Relations
  • Law
  • National Security
  • New York
  • Second World War
  • United States
  • War Colleges

Readers

  • Criminal Law
  • Military History of the United States in the 20th Century.