Treatment of "Battlefield Detainees" in the War on Terrorism
Abstract
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 some 550 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 for the treatment of such detainees. The Bush Administration earlier deemed all of the detainees to be "unlawful combatants," who may be held indefinitely without trial or even despite their eventual acquittal 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 Supreme Court 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. The President's decision to deny the detainees prisoner-of-war (POW) status remains a point of contention, with some arguing that it is based on an inaccurate interpretation of the Geneva Convention for the Treatment of Prisoners of War (GPW). This report provides an overview of the law of war and the historical treatment of wartime detainees, especially U.S. 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 and summarizes activity of the 108th Congress related to detention in connection with the war against terrorism.
Document Details
- Document Type
- Technical Report
- Publication Date
- Jan 13, 2005
- Accession Number
- ADA444771
Entities
People
- Jennifer K. Elsea
Organizations
- Library of Congress