United States Policy on Detainees Captured During the Global War on Terror in Light of the United States Supreme Court Decisions in Rasul v. Bush, Rumsfeld v. Padilla, and Hamdi v. Rumsfeld

Abstract

Since 11 September 2001, the United States has detained hundreds of individuals, to include three U.S. citizens, as unlawful enemy combatants during its Global War on Terror. Because of the nature of their detention, a number of these detainees sought legal review of their status and detention in various U.S. federal courts. These cases ultimately reached the U.S. Supreme Court, and in June of last year the Court released three decisions addressing the Administration's detention policy. This paper provides a background on the development of the current U.S. detainee policy, analyzes the Supreme Court decisions in Rasul v. Bush, Rumsfeld v. Padilla, and Hamdi v. Rumsfeld addressing that policy, and then outlines certain policy options available to the Administration in response to those decisions. It concludes by offering a recommendation on the best policy option available and the risks associated with that option.

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Document Details

Document Type
Technical Report
Publication Date
Mar 18, 2005
Accession Number
ADA434476

Entities

People

  • Gary J. Brockington

Organizations

  • United States Army War College

Tags

Communities of Interest

  • Energy and Power Technologies
  • Human Systems
  • Materials and Manufacturing Processes
  • Weapons Technologies

DTIC Thesaurus Topics

  • Congress
  • Correctional Facilities
  • Department Of Defense
  • Education
  • Geneva Conventions
  • Governments
  • International Law
  • Judiciary
  • Law
  • National Governments
  • National Security
  • Prisoners Of War
  • Security
  • Supreme Court
  • Terrorists
  • United States
  • War Colleges

Readers

  • Criminal Law
  • East Asian Political and Security Studies within the Soviet Union
  • Government and Public Administration Law.